I can't go to jail. >> Well, you're going now. >> I I can't. YOU KNOW WHAT I'M SAYING? I CAN'T. I have a child at home. >> Who's with your child? >> He doesn't have a father. He's dead. I don't. >> So, who's with your child now? >> My mother. >> Okay. Well, I'm >> I can't do this. I can't. On May 23rd, 2022, officers in Michigan responded to a Walmart after loss prevention reported a customer left the selfch checkout with merchandise that did not appear on her digital receipt. >> I know. I rang up the wrong vacuum. Remember? Did you do you have the other one with you right now? >> They're both They were both on clearance. >> Ma'am, do you have your license on you? >> Yes. >> Can I have it? This is ridiculous. I bring up the wrong freaking vacuum. An unintentional mistake. I just spent $250 for $20. This is ridiculous. Like for 2011 and have $21, but there's no commodity. >> Okay. >> Okay. So what? Because you're being trespassed. Okay, that's beautiful. That's beautiful. Where do you work at? >> I don't work. I'm disabled. >> What were the items that weren't paid for? >> Where were you born? >> What? Where were you born? What do you mean where? >> Where at? What state? Michigan. apologies. >> Oh my god, dude. >> I have a kid waiting for me. This I just spent $250. I didn't do this intentionally. I don't work here. I don't know how this [ __ ] works. I rang up the wrong vacuum. Oh my god, dude. 40 till when I works here. Like I'm going to steal from the place my mom [ __ ] works. I won't pay for it. I have the money to pay for it. I don't work here. I don't want >> This is ridiculous. They need to bring the registers back to normal and maybe this [ __ ] wouldn't happen. I see that guy following me around the whole store like I'm going to do something intentionally when I know somebody's following me around. >> All of that was in skin. Did she pass points of sale? >> That is [ __ ] That was not scanned. Maybe it's miscanned. >> [ __ ] [ __ ] Then it got deleted off my receipts. I did not not scan. Okay, this is on here. This is on here. This is on here. So, um, you're crazy. I standing on the freaking wall. So that stuff was rang up. >> All right, hold on. >> Yeah. >> Lying. Straight up lying. That's on here. It's right here. Right here. Right. First thing. Oh, and wait. I have something on here that I didn't buy. I ran I scanned something that I didn't get. >> I get credit for that. How far through did she make it here? I know it was on the other side. >> She got a car the way out. >> Now, why did she stop? Cuz I called her, right? >> Receipt checked. >> Yeah, receipt checking. >> I'm going to read you a rice. Okay. I'm going to ask you a question at the end. I just need you to >> listen. No, he's lying about [ __ ] that I That's that. >> Okay. Well, we're going to ask you. >> I can't do this. >> What's her name? >> My kid is like, >> "Where's your kid at?" All right. though. Uh, >> I have done nothing wrong. Wait, give me a second. >> Paul is come right back here. I'm just going to read your ear right here. >> Going anywhere. >> Okay, >> don't touch me, please. Please don't put your hands on me. >> I'm calling you. >> Stop resisting. Stop resisting. >> This is all on video. I'M NOT RESISTING. Stop answering. >> OKAY. CALL A LAWYER. I WANT A LAWYER. Call me a lawyer, please. Somebody call me a lawyer. I can't believe this is happening, you guys. I can't believe this is happening. This is a [ __ ] accident. Are you kidding me right now? >> Stop turning towards us. >> You're not listening to me. >> We tried to talk to you. >> You didn't I didn't I tried to call a lawyer >> and I HAVE THAT RIGHT. >> YEAH. To jail. Not right now. >> You can't go to jail. >> Well, you're going now. >> I I can't. YOU KNOW, I'M JUST THINKING I can't. I have a child at home. Who's with your [laughter] child? >> He doesn't have a father. He's dead. I don't >> with your child. >> My mother. >> Okay. Well, he's all right. I'm I'm >> I can't do this. Listen. >> You have the right to remain silent. >> Please. Somebody help me. Please. This is not right. >> I DIDN'T DO ANYTHING WRONG. I swear I didn't. >> Okay. Well, we got to give you >> WHY ARE YOU DOING THIS? >> All right. Listen. You have the right to remain silent. >> Please help me. Anything you say can be used against YOU IN COURT. >> SO WRONG. >> You have the right to talk to a lawyer for advice before we ask you any questions AND HAVE [laughter] PRESENT >> DURING ANY QUESTION. >> YOU'RE HURTING ME. I am disabled. >> If you cannot afford a lawyer, one will be appointed to you before any questioning. If you WISH TO [ __ ] HURT, I'M NOT. >> IF YOU DECIDE TO answer questions without a lawyer present, you still have the right to stop answering at any time. You also have the right to stop answering at any time until you talk to a lawyer. Do you understand the rights that I just read to you? >> Please, somebody. >> Paula, do you understand the rights I just read to you? >> Yes. >> Okay. With these rise and lines, do you wish to talk to us? >> No. >> Okay. >> I want to go home. >> You're not going home now. You're going to >> I HAVEN'T DONE ANYTHING WRONG. I DIDN'T EVEN leave the store. I DID NOT EVEN leave the store. >> I never even left the store. Please don't do this to me. YOU DON'T UNDERSTAND. DO YOU KNOW how to do an escort? >> Please don't do that. [laughter] Please. Please, are you kidding me? Please, can I please talk to you? Please, please. No. It's my kids last day at school. I CAN'T BELIEVE YOU GUYS ARE POISONOUS TO ME. Do you see this? Do you see this OVER AN ACCIDENT? OVER A [ __ ] ACCIDENT. >> You're hurting me. Stand up. >> I CAN'T. I HAVE A BAD BACK. I'M NOT EVEN JOKING. I WAS JUST IN AN ACCIDENT. Would you please stop? YOU'RE [ __ ] HURTING ME. I'M NOT JOKING. STOP. YOU'RE [ __ ] HURTING ME BADLY. >> YOU DON'T UNDERSTAND. I'M DISABLED. YOU'RE JUST KIDDING. I'M NOT KIDDING. You're hurting me so bad. >> Can you open that door? >> No. I'VE NEVER BEEN IN JAIL BEFORE. PLEASE DON'T DO THIS TO ME. PLEASE. I hate you. I didn't do anything. I didn't do anything. I promise you I didn't. [laughter] Please stop. I can't believe you're making me do this. You're making me feel like this. It was a [ __ ] accident. I SWEAR TO GOD. Why would I spend $250? Please. Please. >> Stand up here. Face the car. Spread your feet. I can't move. >> Brush your feet to me your belly. >> I got it. >> Oh my god. I was willing to give it back. I was willing to pay for it. It was a freaking accident. I don't work here. I rang up the wrong item. >> You didn't ring up multiple items. You just start closing the bag. Stop talking for a minute. You want to know what's happening? I will tell you. Don't interrupt me, though. I'm not going to talk to you if you interrupt me. Okay. So, it's time to listen. I didn't. >> Okay. They were literally on camera stuffing clothes in the bags >> at the register >> without scanning them. You scanned. You paid. You didn't do that. You >> I scanned them on the um >> as I went. It was an accident. >> Not hand by hand like that. Absolutely not. >> It was an accident. >> It was not an accident. >> Yes, it was. See, why won't anybody listen to me? It was an accident. >> We gave you that opportunity. You don't let anybody talk. >> I tried because you won't listen to me. >> You keep talking. I can't explain anything to you. >> You I am trying to listen. The more you The more you talk Oh my god, dude. You guys aren't right. You guys are not right. I'm trying to talk to you. I'm trying to speak to you in your >> Just because you talk a lot doesn't make you right. That's what you're doing. >> Why are you being nasty? >> I'm not being nasty. >> You are being nasty. >> Resisted us. You scream. >> I'm not resisting us. I just want to help because this is wrong. I was not stealing. I just $50. I didn't steal on purpose. I never even left the store. I never even made it out the door. >> Yeah. You made it into the past point of sale. >> No, I didn't. I literally watch you on camera. You're literally on camera. >> Okay. >> We literally have AP watching >> after him walking me out. >> What are you talking about? >> What are you talking about, dude? This is crazy. I can't believe this. This is I >> Is she good? Is she sure? >> All right. Let's get in the car real quick. >> You don't understand. I can't. It's like the last day of school. Please come to me. >> Here we go. Step in there. >> Go to jail. I'M GOING TO THROW UP. I'M GOING TO THROW UP. PLEASE DON'T do this. Please. Keep going in. Keep going. I'm begging you. All the way in. Please. >> All the way in. >> I'm begging you. >> All the way in. >> Oh my god. I'm begging you. Please. I can't. I'm Dude, I have I need my medication. I can't do this. I'm going to sick. >> I'll tell you what. We'll just call EMS. They can check you out. Once you're clear and you're going to I'm 45. >> All right. What was your complaint? >> Yeah, please. She did. So, he showed me a video of her actually bagging. She's like just struggling like >> Hey, you want me to go ahead and call EMS? >> Yeah. How many EMS? >> Huh? >> Yeah. Go ahead. I'll just open the door. >> Breathe. I can't breathe. I really can't breathe. I'm not joking. >> Why can't you breathe? >> I can't breathe cuz I'm having an anxiety attack. I'm not joking. >> You think I'm kidding? >> I'm not kidding. Please [laughter] >> take a few deep breaths. >> Just breathe. >> I can't breathe. >> Okay. >> I can't I'm not joking. Please help me. >> Please help me. Oh my god. I NEED MY MOM. I NEED MY MOM. >> OLA, >> WHAT? >> Stop screaming. The more you scream, the worse you you're not going to breathe. >> Understand? I'm >> okay. >> This is You don't understand. You don't understand. You don't understand. >> You don't understand. >> Take a few deep breaths. >> If there is a god, please. Please help. >> It's okay. 42 >> 10:15 white female >> signal 25 I didn't do it on purpose I can't do it to you I swear to you I swear to >> you were making you were making it impossible to explain you >> you've already explained it to me >> I tried I tried to give you more detail but you just keep screaming at us >> I just so here's the deal we we get called here because you were stuffing clothes into a bag without scanning them okay >> I Yeah, I thought I scanned him on my phone. I scanned it was an accident. >> If it was like one piece, I could understand. You're stuffing handfuls. >> No, it was two bathing suits and I thought that it I it was SCANNED ON MY PHONE. I CAN absolutely >> I thought that it was on there. >> I didn't scan it on the register. I did the phone scan thing. >> Yeah, but you didn't have to do that with those. >> I didn't know. I didn't I swear to God it was a $10 bathing suit and I spent $250. Why would I do that? I promise you it was not on purpose. >> Give me one second. >> I promise you. Please don't shut it. I can't breathe. >> The window's open. See, the window's open. >> Move your knee, >> please. >> All right. So, um, since we don't have a receipt, we just took up all the items that weren't food cuz she 100% paid for all food, right? >> She showed us original receipt that she paid for with Scan and Go. Uh, the amount that she paid for that I saw was $211. Okay. >> Uh, all the merchandise that's not food totals up to, uh, $620. >> So, >> so she didn't pay for any of this right here. >> Uh, I I can't tell without, you know, her receipt. >> Does she have a receipt? >> Yeah, it's on her phone. >> So, she ain't >> cuz uh we can't um go right here. It's just the groceries. >> Yeah, that's all the groceries. But then she had scan and go. >> So, there's no way for you guys. Um, not until probably tomorrow without her unless we get her phone or her card number. >> If you hit the last four of her card number that she paid with, then uh uh >> All right. >> Okay. Now you put a bad spot. >> Now they're putting us in a bad spot. >> Mhm. >> So I mean at this point, do you have anything? >> She's stealing. I just can't get the scan. So apparently >> So you can seize her phone and you have to get a search warrant for Is it a felony? >> 600 bucks. >> It's not a felony. Can't even seize. >> Hey, can can I talk to her by myself for a second? >> Like by myself. Look, >> it was an accident. >> I I don't I don't know what happened. >> Railroading me. I [laughter] promise you it was an accident. >> Well, it could be an accident or not, but I'm >> so scared. >> Why you What are you scared of? >> I can't go to jail. >> I can't go to jail. I have muffins with mom. >> You don't you don't have to go to jail tonight, okay? But I need you I need you to be honest. >> I'm being honest. >> I know you're using the skin as you go, okay? And if they're trying to railroad you, okay, I could see if they're trying to railroad you by skin in your car, your credit card, cuz it will show me the receipt. Do you want me to do that? If it shows that you paid for that stuff that you scanned. >> No, it it was an accident. I >> What do you mean? >> The thing is you rang it with your scan it with your phone, >> right? >> And it didn't scan. And I didn't not ring it on purpose. >> Oh, is there some stuff that didn't scan? >> Yes. >> So, what do you think didn't scan >> these bathing suits? >> So, was it just the bathing suit? >> I don't know. They were They were They were lying and saying other stuff didn't. And I showed them on the receipt four things that they said that didn't ring up that were on the receipt. I rang up the wrong vacuum. Like, it was >> You ring up the wrong vacuum. >> Yes. >> So, did you ring up like a >> It was a $89 worth of $100. >> So, it was a $89 vacuum. How much was the one you walked out? >> $20. It was a a clearance thing. They were both on clearance. I scanned both of them to see >> to see which one was better price >> and Yes. And I grabbed the the opposite one. >> I'm going to leave her here with you. I'm going to go inside real quick. Okay. But be just as polite to her as you are to me. Okay. [clears throat] >> I need something. >> I'm going to go look. >> I'm sweating so bad. >> As well as I have a sheet put up right here. >> No clothes on. So close. >> What about this? >> Oh, what did Oh, that's the 8 amp. >> Yeah. >> No, that's >> No, four 4 amp. >> You scanned a 8 amp thing. That's uh that's $36. That one's 52. Uh 58. >> So, she scanned something else for stolen. >> Guarantee this is stolen. >> Uh 1384. >> I don't care. It's just going to >> No. >> Didn't pay for it, right? No. I figured >> pool lights guarantee. She didn't pay for this. No, >> this guarantee is she didn't pay for this 100%. >> I just know I can tell the stuff that people steal. >> Nothing. >> This is somebody This is some people steal. >> Oh, this was the fabric that was funny. >> That's the one you said she can, not the she paid for that. >> She did. >> Yeah, she paid7. >> That's surprising. Oh, >> no. It's 10:47 list. So, no. >> Told you. >> Yeah. Uh, shoes. No clothes. >> No clothes. All right. The rest. >> I didn't add the shoes at first cuz I But after looking through Yeah. No. >> Everything else is stolen. >> So, >> yeah. And then that's hers. >> Yeah. >> That is not a mistake. >> No. There's a lot of stuff you didn't pay for. >> What? Please explain to me cuz I promise you >> you didn't pay for any of the clothes. I told >> you didn't pay for any of the shoes. You changed the price on numerous items. >> I didn't change the price. I told you I scanned it. >> Yeah. And I I said that and what I did was even to to >> just to to see you can't scan >> the things on the >> Yes, you can. I app. >> I did it. I promise. I will show you. I swear on my son I did. What? >> I'm not lying. Listen sweetie. Look at me. This is I swear on my stunt slice. >> I would not >> They're getting a receipt to see what the total is. >> All right. So, uh it was uncovered that it was about $611 worth of items that were not paid for. >> That's impossible. >> Okay. Well, Paula, >> we didn't even have >> Paula. Paula, I I I've had to be I should witness it. There's no way. There is no way. That's not right. That wasn't my merchandise. >> We sc we scan each item one by one that was in the cart and that's why the total two. >> Then that wasn't my cart because I'm telling you >> it was the cart that you were pushing. But >> there's no way. >> Hold on. We're beyond that now. You are under arrest. >> There's no way. I promise. >> I don't want to be around. >> I No, I under arrest. >> No, I don't believe this. No. No. Please. Oh my god. Dude, >> put your left leg in. going to pick up the orchestrator. >> THERE'S NO WAY. THERE'S NO WAY. That is not true. I don't believe it. You guys are railroading me. >> Michigan Compiled Laws Section 600. 2917 gives merchants the right to detain someone they reasonably believe committed retail fraud for a reasonable time, in a reasonable manner. Loss prevention. Observed items placed into bags without scanning. The detention was lawful from the start. The arrest happened before the merchandise total was confirmed. Officers handcuffed the subject before the receipt to cart comparison was complete. That number matters not for the arrest legality, but for the charge that follows. Michigan Compiled Laws section 750 356D defines retail fraud second degree as taking merchandise valued between $200 and $1,000 with intent to defraud. Officers computed approximately $611 in unscanned non-food items. a misdemeanor county jail, not state prison. The critical word in that statute is intent. The Michigan Supreme Court addressed this in People versus Williams in 2005. Retail fraud is a specific intent crime. The prosecution cannot convict on the act alone. They must prove the defendant meant to take the merchandise without paying. The Scanand Go app creates a real mechanism for good faith error. The subject scanned two vacuums to compare prices, deleted one, and walked out with the wrong model. That story, if believed, eliminates the intent element entirely. Whether a jury believes it is a separate question. At around 3 minutes 26 seconds, the officer begins reading Miranda warnings while the subject is crying and talking over him. All four advisements were delivered. She confirmed she understood. When asked if she wished to speak, she said no. That is a direct invocation of the right to silence. under Michigan versus Mosley from 1975. Once a suspect invokes, officers must scrupulously honor it. No reapproach, no continued questioning. The subject though immediately started talking again on her own. She never stopped. The Supreme Court addressed this in Burguse versus Tomkins in 2010. A voluntary statement made after Miranda warnings without coercion is admissible provided the conversation was subject initiated. The line the court draws is simple. Who kept it going? A second officer entered the patrol vehicle and spoke with her alone. She admitted on camera. There is some stuff that didn't scan. Yes. Under Oregon versus Bradshaw. If she reopened the dialogue, those admissions are fair game. If he initiated a suppression motion has standing, the subject reported a recent vehicle accident, chronic disability, and that the escort grip was causing her pain. She said she could not breathe. Officers offered EMS. The 14th Amendment's due process protections for pre-trial detainees in custody required that response. Under Graham versus Connor from 1989, force must be objectively reasonable given what the officer knows at the moment of the decision. Escort grip on a passive non-combative misdemeanor suspect is within that standard. The disability claim though should have adjusted the technique from the start. The officer receives a C. He built probable cause, delivered Miranda and offered EMS, but he arrested before the dollar total was in and missed the chance to pull up the app's digital receipt on scene, which could have resolved the factual question without handcuffs. The subject receives a B minus. Her intent defense is legally coherent. A $250 receipt, a plausible app error story, and a mother who works at this specific store. These are real credibility anchors. She did not flee. She offered to pay. She did not physically attack anyone. Where she hurt herself, she invoked silence, then gave the prosecution its strongest evidence by talking for the next 15 minutes. There is some stuff that didn't scan is on video now. That statement cannot be unsaid. Passing the final point of sale without paying is the completed offense under Michigan law. You do not need to leave the building. The subject argued her failure to exit as a defense. The statute does not support that reading. The Scan and Go app generates its own receipt, separate from the register. If an item fails to sync, you have no visible confirmation before the exit. Check the inapp cart total against what is physically in your basket before you walk past the register. Invoking Miranda and then explaining yourself to the next officer who sits down beside you is the most reliable way to hand a prosecutor the case. The right to silence is not a formality. It is the only thing between you and your own words in a courtroom. 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