I'm not going to let you search my stuff, but just because there's other things in there, but nothing that I'm not stoing anything. Hold on for a minute. I'm going to go and pet it out one more time. These are citations and I think that need to be arrested. Then I can't see anything on camera, but very suspicious. Like very very suspicious. >> Can you see them on camera right now or? >> Yeah, I can, but then they go on hiking spots. And then I actually saw the one girl, she put um a tester down her bra. >> A what? >> Tester like perfume testers down her bra. And then she ended up pulling out later on. So that to me is like a big a big red flag. I mean, obviously she's trying to steal, but we've been walking it a lot. And I just didn't know maybe having one of you guys just walking it if it would help like deter them and make >> Let me see what they look like. Okay. >> How long have they been here? >> They've probably been here for an hour. >> But there was another girl, but she left. >> You have cameras in the parking lot by chance? Um, I do, but I haven't looked. >> If I can see a plate, that' probably help, too. But let me just see what they look like first. >> There's one right there. There's another one she left. And then there's another one right there. She's the one that put the tester down her bra. >> Okay. So, we got like white Well, it's like purple short hair. >> Purple hair, but she >> white cardigan and then a black hoodie. Those are the only two people that are here still. >> Yeah, she's gone. It's the guy and then the purple-haired girl. Um, but like I said, she did pull it out cuz they're both they were both here a couple times. She did pull it out later on cuz we cuz I think she probably thinks that we suspect them stealing, >> right? >> But like I didn't know if and I told her on the phone that you guys didn't have to come out if you didn't want to. I just wanted someone just to walk the floor for a little bit if that was possible just to kind of >> I'll just go and talk to them and see what's going on. >> They're acting really suspicious. She did put the girl with the purple. She did put it in her bra and then she pulled it back out later on because we were all over there. So I think she thinks that we are on to her type thing. So, I just know if you guys can just walk around in the dressing room is still in my dressing room. >> Okay. Well, cuz there's a couch on. >> Yeah, that's one thing we don't we don't we've never done. >> All righty then. Um All right. Well, then I guess she wasn't going to get um >> Yeah, that's one thing we don't >> Okay. >> No. All right. Sorry about that. >> No, no, you're good. >> Thank you. >> Yep. Thank you. And you you didn't happen to misplace anything, did you, when you're walking around in the store? We just got a call from a customer saying that you were acting a little suspicious. Like I didn't make sure that you weren't taking anything or anything like that. >> No, ma'am. I just Well, I was going to check out with my link card, but um they didn't know that they didn't take link card, but >> Okay. >> Um I didn't place anything. >> You don't have anything in the bag that belongs in the store or anything like that? No. Do >> you mind if I took a look? Um, I'm not gonna let you search my stuff, but just because there's other things in there, but nothing that I'm not stoing anything% >> right. >> 100%. >> If you didn't steal anything, then is there a reason I can't look in the bag? >> I would prefer you to not search my stuff. >> Well, let us find out if you took something. It's not going to be a good deal. But if you want to just give it back now, we won't have any problems. Okay. >> There's nothing here that I take that I've taken. >> Would you mind letting me see your ID? >> I don't have my ID either. >> Can I get your name and date of birth? >> I have a picture of it. Yeah. >> Okay. Awesome. Oh, it's Catherine. My name's Catherine. Okay. It's just loading cuz I don't have any service here. That's no problem. Wait. You want me to give you my name? I'm just going to show you a picture of the ID. >> Yeah, that's fine. >> Have the same information. I just need you to spell it for me. K A T H R Y N. >> Where'd that perfume come from? Cuz it looks like it came from the store. I'm not going to lie. >> That is my perfume. >> Can I see it? Cuz it's in plain. It's literally in plain view. >> And it's mine, right? I'm not hiding anything. >> Okay. >> Check the cameras. >> I have a name and date of birth when you're ready. Am I being detained or >> momentarily? >> Yeah, it's me. I just not working. I haven't named a date of birth already. Probable cause. >> Diaper bag cuz I have a child at home. >> Then why why did you bring the diaper bag in the store though? Be >> suspicious for sure. >> I saw a perfume. >> Check the cameras, you know. I mean, >> I saw a perfume in her bag and which it was in plain view cuz the zipper was open. >> It's in plain view, right? I'm not hiding anything. >> But it it looked like a Yellowstone perfume that you' got from the store. That's what they sell here. >> You would have known that. Where are you at? >> I saw the emblem cuz your zipper was open. Is there probable cause to search your bag or no? >> She's detained right now. >> I'm asking if I'm being detained and whatnot and they're wanting to search my bags and I said no. So, I'm just curious what my rights are. Okay. I can just leave. I don't know. >> Oh, we'll go speak with >> she's revoked. I don't know who's driving without a P. >> That's fine. I'll be right back. >> Well, she's saying I'm being detained, you know. Don't know what that means exactly, but >> it's reasonable suspicion that you committed a crime. I'm just trying to figure things out. >> What does that mean, though? >> I have reasons to believe that you may have stole something, which is a crime. So, we're just hanging out for a second till we get everything figured out. You know, your boy's back there still in the dressing room. He's been back there for a while. >> Mike's still Yeah, Mike's still in the dressing room. Yeah, but he's got a wedding this weekend. They're just being dumb. I mean, suspicious or whatever they said. Do >> you have any video of them putting anything in the backpack? >> No, not yet, though. >> Okay. >> Why did she >> We better detain actually a search. Why don't you walk the floor? >> I mean, they're just being super suspicious. So, >> you think so, too? Okay. >> Yep. Um, I'm going to go from here. I just I was hoping you had video of her like physically putting stuff. Perfume. Where do you guys keep your perfume? >> So, I It was in the corner. It's right here. I'll show you. So, the perfume is right here in the corner cuz here's the dressing room. Here's the corner. But, they were over there. Like I said, she was I'm trying to find it where she she had pulled it out of cuz she did actually she was over here. Okay. >> And then she went over here and then she pulled it out of her bra because I think she knew it were on her obviously. It's hard to see it on the camera. >> All right. I didn't see it. Um I'm going to go back out here with her and see what I can't figure out real quick. >> Absolutely. >> She didn't do anything. I mean, that's what all she's saying to us, but I'm just >> I got someone here at farm and home and we have regional suspicions. Believe that they have been stealing stuff. She won't let me search her backpack that she brought in and everything like that. Can I like go ahead and like PC search her or does she have to consent? Um, the worker called in and they've been here for like an hour. She went to go try and check out, but she ended up not paying for anything cuz she asked to use a link and they've been here for a while just acting weird. And one person already left that was in their group and there's a male that's still hanging out in the dressing room. She brought a backpack and said I couldn't search it. So, and I her front zipper was open on the backpack and it looked like a perfume bottle from out of the store, but that's all I really have. >> Yeah, I already ran her 27. I'm waiting on the mail to come out, but they're from Peak. She's revoked. So, I'll just tell the workers that they can search her if they want to and we could just Okay, like we don't have enough to search her, I guess. So, um Jeremiah said the workers can if they want to. So, I'm gonna go I'm gonna go tell the workers that if you want to stay with her for a second and make sure we need to get that boy's information. 28 off the car would be great. So, just work on that. >> So, here's the deal. I just called a supervisor. I guess it's not enough for an officer to search them with just reasonable suspicion, but he said that you guys are 100% good with searching them. I do think that she has stuff in her backpack in her diaper bag. She said there's like a little Yeah, she's got a backpack with her and a coat and a couple coats. I think she's stuffing stuff in. There's a little zipper on the front of the bag and it looks like a Yellowstone like perfume bottle. >> Yes, that is one of them that was missing. >> And that's like a full one that's on sale >> probably. It's a the tester one. >> Okay. Is that necessarily stealing if it's a tester? I don't really know how that works. >> Product. It's 50. >> We have to pay for it to put it out on the shelf. >> Well, if if you want to go up to them and tell them that you're searching them more than likely I mean >> do that though >> as an employee. My supervisor said that you could. But as officer standpoint with the legal thing, like we can't just go and search them. Even though I saw a bottle in their bag, unfortunately. >> You did see a bottle in their bag. Is it open or No, >> it's in the front zipper. I think she closed it now, but it was definitely like the Yellowstone like why like rocker on like emblem on the top of the cap? >> Mhm. >> So, >> okay. Maybe I can just talk to her and be like, >> well, we're still going to wait for I guess her boy still in the locker room or whatever or the [ __ ] dressing room. So, after we identify him and then we're going to try to get their license plate off the car, then we can circle back around and if you guys want to sweep through the surveillance and try to see if you have an actual like video for stealing something, then I can create a case and send it to the state's attorney and then she would end up have like a warrant for arrest. They're out of pean. So, it's like one of them deals. >> So, I can make a call and see if if I'm even legally able to do that. I don't know if I can. On November 10th, officers in Havana, Illinois responded to a farm and home supply store on a retail theft call. Under 720, Illinois compiled statutes 5 section 16-26, the merchant detention privilege. Illinois merchants may detain suspects on reasonable grounds alone below the fourth amendment's probable cause threshold. An employee directly witness the suspect conceal a perfume tester in her bra. That firsthand observation satisfies the statute. The officer requests consent to search. The suspect refuses correctly. No consent. No search. Absent a recognized exception. The officer observes a store-branded perfume bottle through the bag's open zipper. Under Arizona versus Hicks, 1987. This is a valid plain view observation. It contributes to probable cause. It does not authorize a full search alone. The officer consults her supervisor. Police need probable cause for a warrantless search. The merchant may act on the lower statutory standard. Two actors, two legal thresholds, one encounter. >> Let me make a phone. >> She's She's detained right now at the door. So, >> okay, I'll take this. >> Look, I just looked at the cameras. We got a video of you taking one of the testers off and sticking it in your backpack. If you want to return the stuff that you took right now, it's not going to be a problem. Okay? Just give it back to the store. >> I need to get to my You need to get my daughter off the bus. So if I admit to taking the tester, then what? >> If there's anything else, then >> if you if you return it, they're going to let her go, right? >> If you just return the stuff that you took, they're going to let the >> tester perfume. It's in my >> And when we check the video, there's not going to be anything else. >> No. >> No, there's nothing else. This is our coat. >> There's nothing inside the coats or inside the main backpack, right? >> It's male that's walking around with you. >> He's in the dressing room. And I don't know. I thought what he was buying was in the cart to be honest. >> So, and then I was like, well, I'm going to the car. So, what are you doing to put stuff in the park? And he said, "I'm trying on another sweater." So, I don't I don't know. He's just a friend. I don't know. >> Unfortunately, we have to wait for him to come over here. So, >> why you came in together and you're going to leave together? >> Well, you're still detained. You guys come in the same vehicle? >> Yeah. Um, well, kind of. Our friend met us here. I walked over here because I was down at the pass game and then he rode with her. So, I really actually didn't even come with him. >> You came in the same vehicle? >> I walked here. We rode one vehicle. I'm not with him. I just I need to get my daughter from the school bus, >> right? Do you know why it would be taking him so long? >> I don't know. I know he's got a wedding grocery trying on trying stuff, >> but I don't really I don't even know my parent. >> Excuse me. Where's mail at? I'm sorry. >> Sorry. I just on the backside by the dog beds on the phone right now. >> Let me talk to you real quick, boss. Oh, yeah. >> First up, quick walking up on me. You got your ID on you? >> I do not. >> Don't have wallet ID, nothing on you at all. >> I don't have anything on me. No. >> Okay. Sorry. Were you with that uh female pushing a card around? Had your uh your coat in it? >> Yeah, I wasn't with her. I was just >> You're not with her, but she's carrying your stuff around. >> It was I had >> All right. Let's Let's walk up to the front of the store. >> I had stuff in the same car as her. >> Okay. All right. Let's walk up to the front of the store. Not in here taking nothing. >> No. Sure. We had No, I just come here. I need to get some stuff and then send in the insurance for because we had a house fire not too long ago. So, >> when'd you have the house fire? >> Oh, it was probably about four or five months ago, but I got to get insurance. insurance gave us a certain amount of money and so now if we want anything more than what they cuz some stuff like pants and stuff they give you like five bucks and stuff, >> right? Right. >> And it's like 50 to replace it. >> I I get it. So you're not buying any of that? >> I I was going to, but >> you're free to buy whatever you want. >> Oh, that's fine. Uh we can go talk or whatever. >> There's another officer up here. She's conducting an investigation right now. Okay. >> We're here at the front. >> It's kind of a common thing for people to stack clothing underneath their clothing in a f in a fitting room. So, >> you want to call in or run him by name? Yeah. I'm just I'm going to need your name and stuff real quick since you go try to on you. What's your uh last name? >> Craig. >> Craig. >> What's going on, big dog? >> I don't mean to embarrass you or anything, but >> yeah, one of one of them deals. That's a nice belt you got there. >> I didn't take it. >> It looks like it's brand new. I'm not going to lie. >> It's been years. You can tell, but whatever. >> Is I like I was telling her, it's kind of a common thing. People go in the dressing room and stack their clothes. >> Oh, yeah. I understand. has a wedding decision this weekend and that's all. >> I'm still waiting on a call. I guess you got the 13 back then. >> Yeah, she said that's the only thing that she took. So, feel it's 100% necessary. If you don't want to look through it or don't feel comfortable doing that. >> Okay. Yeah, I'm waiting on the call. Let me know. >> Is this one of your belts right here or pants or anything like that? >> Um, >> I don't even think this is the brand. >> Yeah, it's from >> You can tell that they're at the feet. I mean, they're not pants. >> The belt for sure. The belt was ours. Do you have anything else in your bag or anything? So, if they say it's okay for me to search it, are you going to let me search it? >> I told Ari already told her that I don't want No, you're not searching my my stuff. >> I gave back the perfume. I'm going to miss I'm not going to get my You said if I gave back the perfume, that was the agreement, right? I held up my end of it. I'd like to get my >> That wasn't the agreement. I'd like to get it out of here faster, but like I'm I'm a new officer and it's it's kind of sticky with legal things with stealing, so I'm sorry if it's taking a little bit longer. Hey, so she admitted to stealing perfume and I she gave it back from her bag. Is that enough reasonable suspicion or probable cause to search the rest of her stuff? All right. So, would this be hooked or just report? It doesn't matter with prices or anything like that of how much it was. >> [ __ ] I have to I mean, >> okay. >> All right. >> I got to search the rest of your stuff. Probable cause. Not a yes or no question anymore. I don't need consent. So, I'm just going to take a quick look and we can get you try to get you on your way. The officer tells the suspect cameras captured the theft, though the employee confirmed the footage was unclear. Overstating evidence to elicit an admission creates a potential suppression argument. The suspect responds, "So if I admit to taking the tester, then what? That is a functional admission." She then produces the stolen item from her pocket. Under Illinois versus Gates 1983, probable cause is evaluated on the totality of circumstances. Employee observation, plain view, and voluntary admission combined create an airtight legal basis. The supervisor authorizes the search. The suspect claims a prior agreement blocks the search. No such agreement is legally valid. Her voluntary admission generated the probable cause. Her consent refusal had successfully blocked. The bag search recovers multiple additional stolen items. Every voluntary statement she made expanded the case against her. Had she invoked the fifth amendment and stayed silent, the search may never have occurred. >> Are you in Havana right now? >> Okay. Well, I'm on that farm and home and I'm not going to meet you right now. So, just go to the appointment. >> Can I get an employee over here? >> I'll just tell you. This is This is it. Okay. I got to go. Bye. Sorry. I'm just going to cuz I have to go to my friend's [ __ ] >> Man, this is a lot of stuff right here. You lied to me. >> This is mine. This is it. this with all their [ __ ] and I have to go there. This is all your stuff. So, this is all your stuff. >> And that's why I didn't want you to search my bag because I've got >> So, I'm not getting anything back with that name and date of birth. >> Are you going to arrest me or something? I have to go and make sure there's nothing else in here. Is this your coat or just something? >> Okay. Hey, I'm going to need you to keep all this separate until I come back uh later and figure out how much this is all worth and everything like that if you can. >> Okay. I'm at the point right now like I'm not sure if you're lying to me about your name. Not do you like >> So you don't have an ID in a vehicle? Like how'd you get here? >> Uh we got we got a ride from our friend and I >> Where's your ID at? >> I should have one at home. Yeah, that was a court or I'm sorry, my memories. I have a really bad memory. I usually have my information in my wallet written down. >> Where's your wallet at? >> It's at home. >> Um I had enough probable cause. I called my supervisor. He said since she admitted to the perfume and I took it from her, I had to go ahead and search the rest of her stuff. So, I think Is that everything? >> Yes. It's just I'm sorry that you were a new officer. >> Oh, it's not a good choice, man. >> It's not a good choice. I'm just in a very bad poor spot. This is not my >> Who was the other person that was with you that you were saying? [music] >> Can So, you don't He's just a friend, right? Don't know him. That's what you were saying. >> Yeah, I'm mutual friend. >> Okay. So you can't tell me his like do you know what his name is? >> Trevor. That's all I all I know. >> That's all you know? >> Yeah. We didn't even come together. I rode with or I walked over here and I think he rode with >> You're planning on walking back and riding with him. >> I mean straight if you're not being honest with me about your name and date of birth. Like we're looking at an obstruction. >> Oh, I know. I I wouldn't lie. >> That's what I'm like. I'm not getting anything to come back. You gave me two different birthdays so far. >> I get frustrated. I get not frustrated but I get like my I'm not good with my memory. >> I I understand but without being able to identify you like you know what I'm saying? Like I don't know how I'm going to let you like >> I got to figure out who you are. >> Yeah, that's fine. Uh >> right now like you're you're involved in a crime. >> I had nothing to do with it, sir. I didn't know that she was doing anything. >> I wasn't even talking with her. >> They're all J is my son. Emory Smith, my daughter. >> But I need a vehicle. >> I got a ride. >> And this mine. Sorry. That's it. I didn't dump out the whole [ __ ] bag here. Well, how about you let me look cuz this is taking a little longer than what I'd like it to. >> We came separately. We came separately. I came I got I came in. I was shopping on my own. You can watch the cameras. I didn't I didn't take anything. I >> didn't do anything wrong. You can check my pockets. You You can search me. Whatever. >> You give me consent to search you? >> Sure. >> Just put your hands right up on top of your hat. >> Well, we got a box cutter on us, boss. Why we got a box cutter on us? >> Oh, I just always carry work inside. >> You ain't got a picture ID on your phone? Nothing like that. I I'm trying to figure out how I'm going to ID you here >> without having to take you to jail. >> Let me see if I can I make some phone calls. See if I can get a picture ID sent over or something. >> Uh you make phone calls. See if you can get somebody to send a picture of your ID. Yeah, >> he didn't. You didn't drive here? >> No, >> he was with the other girl that was driving. >> You told me that he came here in a vehicle. >> He's with the other girl >> and the vehicle is not here. >> I mean, if you're not being honest with me >> about your name and date of birth, like we're looking at the destruction. >> This is yours. >> Anything to come back to this is >> yours as well. Make sure you keep everything separate if you can. I'll be back. Okay. >> You sure your middle of this is not D? >> Hey, try to identify him. And then I'm going to go I'm I'm hooking her, taking her in. I'm going to try to look through the car. This is all full of mess. So, I'm taking her. >> All right, man. I hate to do this in the store, but it's going to be a safest spot. Have you turn around for me? >> What's the deal? >> People tell I have two middle kind of two middle names, but not really. >> What's your other middle name? >> Lee Donald. >> So, it is D. So, in the in the system, it could be D, not L. >> It's always Lee. It's like I I say Lee. >> Okay. So So that this makes sense then because you said you lived in what town? >> Washington. >> Washington. >> I appreciate you being honest. You're at the end. >> So this makes sense. >> All righty. I'm going to go ahead and place you in my squad car and then come back for your belongings. All righty. Just wait right here for me. >> I'm going secure this in a safe place. It's not safe in here. >> So what would happen? Is there a bond or I'm not sure right now. So that'll be up to the the jail. Something to let you know. You need the heat on or anything like that? >> No. I want it off and hot. >> Do what? >> You want it off? >> You lose a little bit. Just um >> put them in the front. >> If you want to step back out, I can adjust them for you. >> You could do the same. >> Yes, ma'am. This one, too. There you go. How am I going to prove this? >> You get what I'm saying? But you see where I'm at? Cuz this at first I got a wrong birthday and then I'm not getting anything back. You're all right. You're all right, man. Your mouth's bleeding. >> Is it? >> Yeah. >> Yeah. You got some blood on your teeth. >> Really? Can I get a drink? My mouth. That's why I was asking for a drink. My mouth really trapped. >> So you trespass from here this time. You're free to go. Didn't find anything on you. >> Exposure. >> Anything sane? You done anything? Um, I would like to ask though, so you will you give me the name of who else was in here with you? >> All I know that is uh, like I said, I think I believe it's Courtney or >> I think it's one >> Courtney something like that. She's over at County Market. >> And you don't know what she's driving. >> It's like a silverish car. >> She was in here with you guys. >> Oh, okay. >> Correct. >> Yes. >> Do you know what? Like Ford, Chevy, Dodge. >> Oh, I do not. Here's a Buick. >> You can put your belt your shirt one more time. >> Yeah, you can check. You can check the belt. One site workers did take did um take the other one back had the rhinestones on it. But you can see that I've wore this for a long time. >> Okay. >> Right. I mean, >> yeah, there was a belt. >> No, I get it. I get it. I understand. I'm not I don't Yeah, >> like other ning you're trespass. So, >> yes, sir. >> Don't come back. Is there papers for the trespassing or anything? Okay. >> I'm I've got your name and everything. So, I'll get it typed up that way. You can't be in here and I'll notify everybody. >> All right. All right. Thank you. >> Yep. >> Just step right up here. Hold on for a minute. I'm just going to go and pat you down one more time. >> Does your citation need to be arrested then or how does that work? >> I don't know. It's arrestable offense to have methamphetamine on you. >> Okay. Also, we have retail too. Okay. >> You don't have anything stuffed on your bra, do you? >> No. Okay. >> Just my bra. >> You got a stuff over here. This is all her stuff right here. I don't know what this is. >> That's ours. >> Okay. Yeah, this is this is all his. I've searched it all. So, >> okay. >> I'll be around. >> Okay. >> She provides two different birth dates. Her name returns no database results. Under High Bell versus 6th Judicial District Court, 2004. States may compel identification during a lawful Terry stop. Providing false identification during a criminal investigation constitutes obstruction under 720 Illinois compiled statutes. 5 section 31-4, a class 4 felony independent of the theft charges. Pre-transport officers find methamphetamine under 720 Illinois compiled statutes. 646 section 60 possession under 5 g is a class 3 felony 2 to 5 years Illinois Department of Corrections. A $50 misdemeanor has become a felony narcotics charge. The bag refusal was never a privacy assertion. It was concealment of controlled substances. Grades lead officer B+ two supervisor consultations before any warrantless search legally sound. Correct application of the consent versus probable cause distinction throughout. One concern overstating the video evidence when footage was confirmed. Unclear. That statement is a preventable suppression vulnerability. Assisting officer A minus. Professional consent procedure. Composed handling of the box cutter discovery. Suspect F. She correctly invoked her fourth amendment rights, then destroyed that protection through voluntary admissions, false identification, and drug concealment. Male associate Cooperated and released. Extended dressing room presence during an active theft investigation warranted every second of scrutiny. Store employees B. Timely and accurate reporting. Insufficient surveillance infrastructure created an evidentiary gap. The investigation nearly could not close. Three lessons. First, silence beats lying every time. The fifth amendment right to remain silent. Exists to prevent exactly what happened here. A suspect talking herself into a probable cause search. Second, probable cause is cumulative. No single factor was sufficient alone. Together, observation, plain view, admission, they were legally airtight. Third, officers who verify authority before acting protect the integrity of their cases. Both supervisor calls here extended the encounter and made every step constitutionally defensible. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching and don't forget to check out our second channel, Street Body Cam, for more content.