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Don't do that. >> I did not take it. >> Don't do it. >> I did not take it out of the store. Stop. I didn't >> price for what? Ma'am $500. >> I did not take anything though. >> Okay, that's going to have to be a court of law. You understand what I'm saying to you? I'm trying to give you respect cuz I don't want to sit there and be that guy to jump on you and be that cop. >> But I didn't take anything. >> Okay. You're under arrest. >> For what? >> Grand theft, man. >> I did not take anything. I did not take it. >> I saw the video there. >> Can you show it to me? >> It's not even It's not even debatable. >> On February 27th, 2022, Palm Beach Gardens, Florida, a loss prevention call at Saks Fth Avenue, [music] two bottles of Creed Aventus, roughly $990. No merchandise recovered on her person. The real issue is not whether she was suspicious. It is whether that was enough. >> I didn't think that sex. I'm in Macy's right now. >> I didn't have take nothing out of >> Okay. Well, here's the deal. I'm going to have their loss prevention come by. They positive identified you through the camera. >> Yeah, but I didn't take anything. >> Okay. If you didn't take anything, nothing on your person and you get cut loose. No worries. Okay. >> But it's on their camera. Can you step out here with me, please? >> All right. Just come with me, please. >> Yes, man. Pull up. Stay with me. There you go. You doing all right? >> Yeah, I'm good. I'm wonderful. >> Outstanding. >> You at Saxs, right? >> Yes, I was there. >> And was the perfume that was taken from there? They had me on camera. >> They don't have me taking anything cuz I left it. >> You left them? >> My fragrances. >> I took I left them. >> No, you didn't. >> Yes, I did. >> I left them. >> All right. Where are they? >> I left them intact. I didn't take them cuz I saw you. >> Okay. Wait a second. Hold on a second. Oh, cuz you saw him. Yes. So, I left them at the door. >> Okay. So, here's what we're going to do. >> Someone saw or take them. So, >> give me one moment. So, here's what we're going to do. They're sacks. >> Yeah. >> They saw it. They have it on their camera. Hold on a second. Hold on. >> So, they're going to they can go and prosecute. Now, you said you left it. >> So, if we can recover, we might be able to work something out and then you might get a trespass because you just, you know, you were trying to steal it. So, >> no, I did not take it. I didn't. >> I understand. I understand that. But, let me interrupt you. So, let's see what we can do about getting it back. >> I didn't take it. So, I can't give him anything back. >> No. You said you left it at the door, right? >> I was looking at it and I didn't take anything. >> And you left it at the door. You said no. >> No, not leaving it at the door like I tried to steal it or anything. I saw him. So, I wasn't even playing around with him or anything. I didn't even get it. >> He kept sweating all around me. He kept running all around me. >> I didn't take anything. >> Well, here's what I'm going to do. I want to go ahead and I have to do my investigation. I need to identify who you are, man. You have identification. >> I do. I don't have ID. >> Nothing at all. So, I You are going to be placed under arrest cuz I'm going to have to go through your first. I'm asking you to cooperate with you so that we don't have to make a scene or >> you're going to pay down that race for what? >> Shop fe $500. >> I did not take anything though. >> Okay. Dad's going to have to record a vlog. You understand what I'm saying to you? I'm trying to give you respect cuz I don't want to sit there and be that guy to jump on you and be that cop. >> But I didn't take anything. >> Okay. But I'm talking about you have you're telling me make sure we're being recorded. Okay. Just so you understand right? Yeah. >> You you're telling me right now that you have my ID. So once I take you into custody, I look in your purse. Where are you going to take me into custody though? >> I've explained you being charged to shoplifting. >> For what? I didn't take anything. >> Okay. Well, unlock your manager saying that you did. >> Who? What? Longer for your manager. >> Right there, man. >> You saw me take something? >> Yeah. Everyone in the store saw you take >> saw me take >> ma'am. Okay. When I'm I'm trying I'm trying to give you >> He didn't see me take anything. >> Okay. >> He did not see me take anything. He's lying. >> So, none of >> nothing. >> No ID. >> No, I don't care. I got clean stuff with my name on it, though. >> Okay. >> But he didn't see you. I don't want to go to your purse cuz let let's step out here. >> Let's do this outside. Okay. >> Do this outside. >> But I didn't take anything. >> Okay. We're going to sit you right here in this bench. That way we can work it out. All right. >> I appreciate your cooperation, man. >> You want me to open my bag, right? >> Yes, please. >> I know he's lying. He's saying I took something, but he's lying. He thought I was >> okay. >> Nothing. Nothing. Nothing. >> You didn't have your driver's license. You You drove up here, right? >> No, I caught the bus. >> The bus? >> Yes. I always do. >> Okay. I believe you. >> Yeah. You don't know. I know. >> Yeah. No, I >> I didn't take anybody. He was circling around me, so I just left. >> Right. It's uncomfortable, right? >> Yes. He always do. Every time I come in the store, >> I think it's just a a a habit. >> Everyone knows each other here. Yeah, he's saying that I I shot lil and I don't >> he's saying you something with your a picture with your ID. >> I don't have ID. >> You said you playing something with your name? >> Yeah. >> You have a picture of your driver license or anything of that nature >> in my phone? >> May I see it? >> Sure. >> Fantastic. Thank you. What is your name? Just so I know what to call you. >> Sorry about that. Okay. >> Do you want me to find you the ID in the phone? >> Yes, ma'am. Please. You said you have it on your phone. >> Yeah, >> that'd be great. >> Email. >> Are you finding it? >> Your ID? >> Find it in my email. >> It has my name. >> So, let's see. Your driver's license. That can be anybody. I mean, I believe you, but that can be anybody. >> Uh, this is my phone. >> No, I know. But you can be getting an email from anybody >> if you have it on. Would want to be under your pictures. >> Just listen. Just do this. Yeah. Just just >> Okay. Just look for your ID. Don't listen to them. Whatever is transpiring, you'll be able to hear afterwards. So, can you find your ID for us, please? >> Ma'am, >> can you please find your ID? It's in my phone. >> So, I'm giving you the opportunity to look for it. >> Look for it. >> Yeah. I did not take anything in here. >> I'm trying to see how I can look it up. Okay. I'm thinking about how I did it. I took a picture. >> So, go in your photos. >> No, that's not I sent it to an email. >> Right. So, look in your photos. It's possibly in there. Can you spend a for me to tell me the truth and nothing but the truth? >> Yes, I do. >> Fantastic. >> Tell me what happened, sir. >> Okay, so I was sitting in women's shoes talking to another associate. I saw her walk in through our men's door, right? She's walking through uh passing through jewelry, eyeballs me the whole way. I already knew something was up. I saw her over at our pre-c counter. Look to my left. She's standing there staring right at me again. So, I walked around hand dice cuz I was going to approach her from the other side. And then by that time, she was she was already gone. So, and then all the ladies in cosmetics are like, "Oh, they just took two bottles." And then on the way out, she asked one of our other associates for a bag and she wouldn't give her one. So, she popped the attitude with the associate and then just walked out of the store. And then they all started calling me. Oh, she took a bottle. I was like, "Yeah, I know exactly who it is. I was just watching her." And then so and then that's when I called uh my security to see if they could possibly locate. >> So, you got you got the two is it the $500 bottle or two two >> two $500 bottles. So, will those big bottles are we looking first? >> Um, I mean, even if even if they're small bottles, it's still going to be about $600 or $700, >> right? No, I I let me let me I'm not trying to say big or small, which is as far as the price of what they look like. So, what kind of perfume do you know? >> Uh, Creed Aventus. >> I'm not sure if it was the men's or the women's cuz they make both. So, but it is Creed Aventus. >> Is it possible? >> Is it possible to have the camera pointed right up there? who came and you wish to prosecute. >> Hm. >> You wish to prosecute? >> I mean, yeah. If we if we find the merchandise and everything, sure. >> If you ever Your name again? >> David. >> David. Here. >> No worries. >> Prosecute me. >> Yes, ma'am. >> Why? >> For the theft. The security has it. cuz they say you took two bottles of Creed Aventus. >> Uh-huh. >> So, what we can do is he said if we don't get it back, they're going to prosecute cuz they got the footage. >> I It's in the store. >> Where in the store, Mr. >> I just left it on the counter. I didn't take it. I did not take it. I did not take it. I left it. He was standing right there. I didn't take it. >> You've been arrested before, Miss Moore? >> Yes. >> Just some some stupid stuff. >> Yes. Maybe stop left in the past. >> Yes. >> Okay. So, help me, Miss Moore. Help me understand why this time it didn't happen. >> Because he was standing right there. >> He was standing right there. >> But you do understand right now you're in custody while we conduct the investigation. Okay. Is it going to be in your bag on your person? Maybe you had it before you walked in the store. Do you have any of this perfume on your person at all? >> I do not. I left. If I walk back over through Victoria's Secret >> on the off chance that they're going to find this tube out of the cream vent. >> No, I did not take it out of the store. I'm trying to tell you I did not take it. I did not take it. I left it there. I looked at it. I left it there. I did not take it. >> Why? Why did the employee saying you did? >> I don't know cuz they finally thought I did. I was standing there looking at it. >> All right, hang tight. Okay, Miss >> Where did you leave it? I did. Right on the counter. Where where it's at? >> Oh, >> yeah. Where at? >> Well, everyone. >> I did not take it. >> We I I I got to get that footage off. I got nothing. >> Okay. For sure. I mean, we can go back. I'll pull up the footage. That's fine. >> I have a camera pointed right at the creep desk. So, >> and there's no way she would have walked out and put it somewhere else cuz you guys saw it. And you said you thought she was making eye contact. Well, every every other associate in cosmetics said that she walked out. >> So, I mean, she could have put it down anywhere, you know. She could have tossed it in a bush, like one of these fake bushes outside. You never know. We're in Victoria's Secret. >> It's It's not tagged. Huh. >> It's not It's not tagged, so it wouldn't have set off the alarm. >> Oh, no. No. Victoria, they're just boxes. >> Okay. >> And uh I don't think we have any magnetic uh sensors on. So, >> so do you know what? So, if you go back there, you'll know you know which shoe it is. Let's go find out. I'm going to be right here, David. Find out and come right back. >> Thank you, bro. I appreciate it. >> I'm going to have him look for me, Miss Moore. Okay. >> All right. >> Cuz I I don't want to jam you up any more than you. >> Yeah. I I stay damned up and I learned my lessons. When I see stuff like that, I don't do anything. Hardest times are, you know, but when I saw him, I didn't do anything. >> Yeah, but you came in there with looking to do some some foolishness. You know better than that. >> Yes. I think and I respond. Okay. Hey, times are hard. That's all I can say. But I did not do anything. And thank God cuz he was standing right there. >> What you get for anything? You pay for all this? >> Yes. >> Your receipts are where? >> Yeah, I that's I already had that. I was going to exchange it, but they wouldn't let me with no ID. They to exchange it. You have to have ID. That's the only reason why I couldn't. >> Let you figure out what's going on here. Okay, Miss Mo. I appreciate you all working with me and no problem. >> Can I get through all this? >> I wonder why he said I took it though cuz I didn't. >> That's a straight out lie cuz I did not. >> There's more. What's your telephone number, ma'am? All right. So, I'm going to go ahead. I'm going to let you know of a couple things before we even go any further. Okay. We are conducting an investigation and and while I I do appreciate the fact that you are a mature woman and you don't want to do anything stupid, you don't want to do anything against >> I know. I know. I know. But you do you do understand that giving me a false name while conducting investigation is a charge in and of itself, right? >> I'm not giving you a false name. >> Okay. I'm just I'm just got to say these things just you know it's on camera just so I can say that I said it. Okay. So you said you had a picture of your ID. >> Yeah. I was trying to find it. I was saying I had it in my email >> and I'd be so grateful if you could find it. That way we're all happy. >> My name is all over here. My name is all in my email. >> Yeah. But I'll get a picture. See that? All right. Just try to find that ID for me. I'd greatly appreciate that. Okay. >> But I told you if you took a picture, it's going to probably most likely be in your phone. >> Okay. >> Miss Mo, what do you say? You stay around here. >> In Palm Beach. Yes. >> Is it Palm Beach Gardens? >> Yeah, that's I live in River. Palm Beach. >> Okay. Palm Beach County. >> No, I live in Palm Beach. >> Oh, you live in Palm Beach? Well, you said Rivier and you said Palm Beach. That's two different cities. >> I live in Saddle Brooks. What do you call that? River or Palm Beach? I have no idea. P Hill. >> I don't know if that's >> West Palm Beach. West Palm Beach. All right. >> And then I think she was trying to look for a little bag or something to put it in. And you see she walked away with the little black bag. >> About halfway through, the officer reviews surveillance footage and tells Miss Moore he saw her walk away with a black bag. Under Florida statute 812.015, concealment inside a store, even before exiting, can constitute retail theft. Still, concealment requires an overt act showing intent to deprive the owner. Holding a bag is not the same as placing stolen goods inside it. The officer searched Ms. Moore's bag with her consent and found nothing. That gap will matter in court. >> Okay. Miss Moore, I just saw the video. >> Mhm. >> Okay. And I do believe that it was taken. So, I'll give you took it. >> Yes. So, I'm going to give you the opportunity to And I don't know where your friends went. The ones that were distracting the the clerk. Did you hand it off to them? >> I didn't even have no friends with me. No, I did not. >> Okay, that's fine. It looked like there were some people that were trying to distract the clerk. But that's okay. But that's okay because at the end of the day, you and I are talking and this is where we are right now. So, there >> I didn't have nobody with me. Nobody was with me. Okay. >> Can you please show me what you're talking about? Cuz that was a lot. >> I just saw the video right now. Show it to me. It's called Discovery. You can find You can see it in court. >> I did not take anything. I did not take it. Well, right now >> I left it there. >> Okay. >> Well, did you you seen me take it? >> Yeah. I saw you walk over with the black bag and kind of snuck it in there. I saw that. >> You saw me take the stuff? Yes. Where they had the the display ones >> and I didn't leave it? >> No, ma'am. >> Okay. You say so. >> So, what I'm going to do is Yeah, I am saying so. But what I am also saying is that I think they're willing to give you an opportunity to say, "Hey, this is where it's at. You can >> I left it in there. I left it there. >> Okay. >> I left it there. >> Okay. >> I did not take it. Okay. Sign up on me, please. I didn't take it. >> Would you mind doing the evidence stuff? Give them the card, case and all that stuff and and get it all done. >> Do you want to give this stuff to anybody? >> What's up? >> Your jewelry? >> Yeah. >> You you you're going to the gun club, ma'am. You're under arrest. >> For what? >> Grand theft, ma'am. >> I did not take anything. >> I did not take it. >> I saw the video there. >> Can you show it to me? It's >> It's not even It's not even debatable. Can you please show >> Hey, do you want Can you Can you show the video for me? Just let let's make her happy here. And what is it? One bottle or two? >> Uh, well, from what they said, two. But >> $500 a piece. >> What the hell? >> $4.95 a piece. >> So, it's $1,000. >> Let me see. >> No problem. I will. >> Okay. Uh-huh. You don't need to see the rest of you there. >> No, I want to see me take it out the door. See me take it out the door. >> Well, that's another camera, ma'am. >> No, no, cuz I didn't take it out the door. >> Then where is it? Tell me where it is. >> I didn't take it out. >> So then where'd you put it in the door? >> I did not take it out. >> I'm not trying to >> He's trying to arrest me for something I did not take out. >> I am. >> I didn't take it. Yeah. Tell me where the merchandise is then. >> I left it in the store. Where? >> Right there where you saw it at. >> Cuz it's not there. >> I did not take it out of the store. He's trying to He's telling you a lie. >> Why would I lie? >> No, he's lying. I did not fight, Miss Mo. Don't >> He's lying. >> Do not fight, Miss Moore. >> He's lying though, >> Miss Moore. >> He's lying. You're not living listening to me. He's lying. >> Listen to you. Do you understand? >> Can you please tell him where the stuff is? >> I did not take it out of the store. >> Don't do that. I did not take it. >> I did not take it off the store. Stop. I didn't take it. I didn't take it. I didn't take it. I didn't take it. Please, [ __ ] I didn't do I [screaming] didn't take it. I didn't take it. I didn't take it. >> I didn't take it. >> I didn't [screaming] take it. Help me. Help me. He's trying to say I took something I didn't take. >> Stop fighting. >> I didn't take it. >> I'm going to tase you this morning. >> I'm going to tase you. Stop. >> Stop. >> I didn't take anything that you want to show to me. >> He's lying on me though. Why is he lying on me? >> Why is he lying on me? He's lying on me that I didn't take it. >> Stop. >> I didn't take anything. >> He's trying to take what I didn't [laughter] know. Why? He can't show you that I walked down the store with it. You did not see that. >> He said you can take that. >> That's not right. >> That's not right though. Why are you doing that? >> Stop doing that. take you. >> He's lying though. >> He's lying. >> That's not right. before I did. >> It's okay. Calm down. Calm down. Calm down. a whole another day. >> That's my stuff right there. >> I will. >> Okay. Make your phone call. >> Hey, make your phone call. >> I will. >> Okay. Make your phone call. >> [ __ ] lying. >> All right. Yeah. Get the night. >> I will. >> Why you want to show me show him out of there? I couldn't believe this man sat right there live. That's okay. >> He's [ __ ] lying. >> Talking about a whole another camera. >> Oh my god. I cannot believe you did that. >> They would have to show that. They would have to show that. So just calm down. >> I left it right in there and he knows it. >> Calm down. And you look around if if that's not on the camera. Just calm down. I know it's not on the camera, but he's straight line. >> Miss, take a seat. Okay. >> I cannot believe he's saying that live. >> All right. All right. Take a seat. Take a seat. Let's relax. Let's relax. >> That's [ __ ] up. >> But you're not listening. Listen. >> That's [ __ ] up, though. You You shouldn't do that. >> Listen to me. You're not listening, >> Mark. Just Just let him talk. Okay. Let him talk. >> That's [ __ ] up. Every time I come in at the store, he harass me. >> Let him talk. >> That's not right, though. >> I know. Let him just let him talk. Okay. >> What I'm trying to tell you is more is based on what we got. I have a proper cause to arrest you. Okay. Now, you've had your day. You can have your day in court. You know how that works. You ain't new to the game. >> Yeah, but you have to walk out the door with something. >> No, you don't. No, you do not. >> That's under. >> So, you can look at it >> any attempt to conceal or deprive the owner. >> I didn't conceal it. You saw me conceal it. >> Yes, ma'am. It's on video. You're going to have your day in court. >> You saw me conceal it. What you What did I conceal it in? >> You saw the same video I did. >> [ __ ] it wasn't what you see. I didn't see anything being concealed. >> All scored away. Okay. There's no need for you to sit here and make a scene. >> No, cuz that's all right. You saying I saw it and I didn't court. How many times have you been to court? How many times more times than me? >> Okay. Okay. So, there's no need for you to go make a scene. >> Yes, it is. When when someone does be wrong, that's all right. >> There's no lower level Macy's outside of >> the center by the center court right there. >> I know. I know you're going to jail. I know. But now you're going to have another charge of resisting. Why? >> That's he's lying. >> But is it necessary anymore? >> How would you feel if someone's lying on you? >> I would just have to deal with it. >> Okay. And that's [ __ ] lying. >> And just as good as how you how you going to feel when you beat it? If you can beat it, how you going to feel? Good. But now you got this charge of resisting here for what? >> Resisting for what? >> I said resisting. >> Resisting arrest. That's resisting is more. You know better than that. Come on. >> I was not resisting. Yeah, >> I'm trying to tell you something. He's [ __ ] lying. >> Yeah, you told me something with your mouth, not with your body. Okay, you was trying to fight with us. >> Y'all wrong. And you know you're wrong. You know you're wrong. >> You know you're wrong. >> Heavy game court. >> No, that's not the point. >> This is the point. That's what this is about. That's what this was about. Because when these people are going to fight with us, it's not necessar >> I'm not fighting with you. >> No, not anymore. >> I wasn't fighting with you from the beginning. I'm trying to tell you something. You're not listening. He's trying to tell you I took something and he didn't see me take anything. You did not see that and I didn't. >> You'll have you in court. >> It's going to be resolved in court. >> That's [ __ ] up. >> That is so [ __ ] up. >> They're taking me to jail for something I didn't do. >> Lower level. We're inside the mall by the main by the border hall on the lower level by Macy's >> by Journey's Kids. And we're right now we only need one more unit. We don't need anybody else. Thank you. >> Yeah, exactly. >> Where's your car? >> Outside ground floor. >> Line ass. Let's just get We're going to get out of here. I'll take We'll take it off to uh county and I'll take everything. Let's get get her out of here. >> Okay. Check it through the 1019. >> Yeah. >> [ __ ] lying ass. >> Miss, what did he tell you? >> He's [ __ ] lying. >> So, you'll have you'll have your day in court. >> It's hurt. It's that last bone. >> Try not to. >> We got the whole We got the whole fruit. Okay, there we go. Really? >> Yeah. Okay, you >> guys. over here. >> This way. >> When you flinch like that, that makes me feel like you're going to run again. So, don't do that. Okay. >> Yeah. >> And fight us. You're not You're not fighting us again. [ __ ] >> lying, though. I can't believe what did I tell you? Anything on you? >> No. >> All right. >> The other officer got your stuff. >> Just hold on. >> The other officer got your stuff. He's going to bring all your stuff. All right. >> Just just have pat down a little. >> I can see it. >> Obviously. >> Yeah. >> All the way. All the way back. >> Um he's getting he's in sacks right now. Who? >> The other one. >> Officer. >> No. No. She's only 11:15. >> All right. >> Please. >> 561. >> 561. >> 5612. >> I can't tell her my daughter. Under Terry versus Ohio, officers may briefly stop someone based on reasonable, articulable suspicion. The loss prevention call and eyewitness account clear that bar, but once the officer stated his intent to take Ms. Moore into custody, Miranda versus Arizona required that any further questioning be preceded by a rights advisement. The officer asked about her actions, her prior arrests, and where the merchandise was, all without issuing Miranda warnings. That is not a minor gap. Statements made in a custodial setting without Miranda can be suppressed. If the prosecution relies on what Ms. Moore said, the defense has a motion to file before trial begins. Illinois versus Gates established the totality of circumstances standard for probable cause. The officer had a loss prevention call, a detailed employee account, partial surveillance footage, and Ms. Moore's own statements placing her at the display. That combination likely clears the threshold for a warrantless arrest. Still, probable cause is the floor, not the ceiling. Under Florida statute 812.014, 014. Theft of property worth $750 or more is grand theft in the third degree. A felony carrying up to 5 years in prison. Two bottles at roughly $4.95 each crosses that threshold. But the felony charge rests on merchandise never recovered from her person, her bag, or anywhere on scene. Miss Moore demanded to see footage of herself exiting the store. The officer correctly noted that evidence is produced through discovery, not during a field stop. Florida statute 812.015 requires an act of concealment with intent, not just proximity. If the exit camera does not show her leaving with the items, the argument becomes harder to sustain. On use of force, the officer issued a verbal taser warning during the handcuffing attempt. Under Graham versus Connor, force must be objectively reasonable given what the officer knew at that moment. Miss Moore was not physically aggressive, but she was not compliant. The officer did not deploy the taser, waited for backup, then completed the arrest. That restraint matters under Graham. The officer warned Ms. Moore that her resistance could result in a charge under Florida statute 843.02, resisting an officer without violence. a first-degree misdemeanor. Whether her behavior met that threshold depends on what the full video shows. The officer ran a methodical investigation under difficult conditions. His bag search approach was appropriate, he asked. She consented. Not deploying the taser reflects sound judgment. Where the record is weaker, he questioned Ms. Moore about prior arrests without Miranda adisement. In what was already a custodial encounter by his own framing, Miss Moore was consistent throughout and never changed her core denial. Her most legally accurate move was demanding to see exit footage. Where it cost her, she kept talking. Every answer about being at the display, seeing the employee, leaving quickly added to the probable cause record. Her physical resistance then gave the officer grounds for an additional charge. First lesson. If you are detained, provide your identification and nothing else. Do not explain. Do not contextualize. Do not fill silence. Every detail Ms. Moore volunteered became part of the probable cause record against her. Second lesson, stay physically compliant, even when you believe the arrest is wrong. The place to fight an unlawful arrest is in court, not in the mall corridor. Physical resistance does not invalidate the original charge. It adds a new one. That is always a losing trade. Third lesson, Florida's retail theft law does not require you to leave the store. Concealment inside with intent can be enough. If you feel you are being watched, leave the merchandise where it is. If there is an interaction or illegal topic you want analyzed, drop it in the comments.
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