But, we started noticing the phones and then coins. You know, uh like platinum silver coins, like the real expensive ones, were showing up missing. And that thing felt like a ton of bricks. I'm like, I don't care how much ice you have in this thing, there's no way it's this heavy. So, once he came back in, we had him you know, open it up. He's like, "It's just water and ice." Look in there, you could see the the containers with the with the coins in it. So, he's admitted to stealing phones. We actually caught him red-handed with these coins on his person. >> On September 19th, 2024, officers responded to a UPS warehouse in Willowbrook, Houston, Texas after loss prevention discovered stolen platinum and silver collector coins hidden inside an employee's water jug. Three legal questions control this case. Whether the employer's search was insulated from the Fourth Amendment, whether Miranda applied to a workplace interview, and how Texas grades the resulting theft charge. >> Started noticing around that time down at Willowbrook down in Houston, they were getting a lot of theft of just cell cell phones from that one trailer. Like, I don't have any other theft issues, but just that one trailer. So, me and partner down south have been working together. Guy going back and forth. >> Down south, what do you mean down south? >> So, he So, this guy loads the trailer that goes to Houston. Right? These other two other guys that are in that trailer with him, he won't snitch on. But, we started noticing the phones and then coins. You know, uh like platinum silver coins, like the real expensive ones, were showing up missing. They're being scanned that they left here, but they were never or they would get to to Houston, they'd open the trailer, they're unloading the trailer, the boxes are all empty. So, they were stealing them out of the packages here, leaving the empty packages in there, and then, you know, finding ways to conceal and get it out the door. So, today after stopping him, without you know, we didn't have to bring up cameras or anything like that. A little bit of questioning with me and my partner and he confessed that oh, I've stolen phones. Doesn't have any on him right now. Well, when him and his union steward stepped outside to speak, as they're allowed to do that, he had his water jug sitting there and it was a tumbler. So, me and my partner went to go pick it up and that thing felt like a ton of bricks. I'm like, I don't care how much ice you have in this thing, there's no way it's this heavy. So, once he came back in, we had him yeah, open it up. He's like, it's just water and ice. Looked in there, you could see the the containers with the with the coins in it. So, he's admitted to stealing phones. We actually caught him red-handed with these coins on his person. >> Okay, but did you see him? Did he admit to taking those coins? >> Yep. >> Okay, and when and do you have a witness? >> Yeah. We had my my partner in there when we questioned him. His union steward was in there when we questioned him. They're all still in the office. >> Okay, yeah, but I mean, we have to have a little I mean, we have to have we have to have actually somebody see him take them and and and put them in the you know, there's got to be something connecting him to those coins. >> video. I mean, at the moment, no. He He admitted it's to stealing. He said >> And and and that's cool. I mean, that's that's all that's everything that we need, right? But but to take him to jail, we have to have proof that he did >> Right. He needs >> We have to >> A credible witness first of all, right? Uh I'm just uh the liable witness, I'm saying. So, as of now, we can probably put charges on him, but we can't >> Right. >> to jail with a straight face. >> And we can and we can gather as much information as we can, but we're going to have to Mirandize him >> Right. >> first of all and and then he can tell us to >> Right. >> You know, so >> Right. We mean, we I'm here to follow whatever instruction and direction you give me. >> Okay. >> So, if it's if you can only file charges, charges is fine. You know, obviously I'm going to you know, deactivate his badge, get him off property. >> looking at some burgers doing a witness statement on Okay. >> Me all the type of >> Yeah, time mine up and I can, you know. >> What are you guys What are you guys going to be doing for Are you guys terminating him? And you want to pursue charges? >> Yes. >> Okay. So, right now we have we have the The only thing we have is his admittance of stealing phones. And we And then we have this. So, how And we just need we need the quantity, the value of the app. And then um his admittance to what he was stolen. And then CID will investigate it all. Yeah. Yeah. >> Anything you need? And we use this phone stamp app and everything, so it's on there. So, you know, I got to guess what the jewels >> Did Does he know your >> without getting him angry and then he goes and does some >> And how are you >> You got Christmas Look at Look at my face. >> Okay. >> Sir. You got my cell in there? What is your name? >> Mr. Luna. >> You got a count of coins? >> I did not. >> Okay. Thanks. >> Honestly, I lose >> Yeah. So, you got the name of the owner, >> I don't know, man. >> Hello. >> You got the name of the owner, so that you can do the fingerprinting. >> Yeah, okay. >> Good. >> All right. But, if you have any questions, tell you anything and I'm going to have to read you your rights, okay? >> All right. >> All right. This is your your Miranda warning. You have the right to remain silent. Anything you say can be can and will be used against I said, did you take these coins? >> I did. >> You did? Okay. You took them out of a or how like how did you take them? Where did you get the coins from? >> Yeah. >> I did. You took them out of a package or something? Where you got shifts? Okay. All right. Okay. Did you know the value of these items before you took >> Yeah. >> Okay. Did you take anything else on this property? >> No. >> You didn't take anything else? Okay. Uh Hold on. Do you need to call your wife? >> Yeah. >> Okay. Call your Can he call his wife though? >> At this point, no. >> No, he can't call his wife. >> Not right this minute. We're still investigating. >> I'm sorry. I'm sorry. I thought you were done. I'm sorry. >> Okay. Yeah. Okay. Just a few questions. When you took the coins, you put them in this bottle here? >> Okay. >> And when did you take those? When did you When did you actually remove them from packaging and put them in the bottle bottle? >> Um this morning. This morning. >> Huh? This morning? About what time? Where where at? Where were you at when you took them? Where were you at on the property? >> What do you mean? >> Well, were they Did they truck or were they on the line? >> Yeah, the truck. The truck. >> So, they came out of the back of a truck? >> Yeah. >> Okay. And where was the truck parked? >> Um door 101. >> Door 101? Okay. And you don't know how many you took? You don't know the value? You You haven't taken anything else from this property ever at any point? You've never taken cell phones? You never >> Yeah, yeah, I have, but not today. >> Okay. So, when was When did Not today? >> Not today. >> Okay. But over the course of how much time did you take? >> You know. >> You don't know? How long have you worked here? >> A couple of months. >> A couple of months? >> I haven't even been here that long. >> You haven't been here that long. Do you have um a general idea how many phones you've taken? Okay, do you know what type of phones you've taken? Not You don't know what kind of phones you took. >> [clears throat] >> But you took some phones, you just Okay. Okay. Have you um written out a witness statement to them telling them what you did or no? >> Are you willing to? >> Is that what >> Are you willing to write out a statement? >> I mean, what is the statement going to do? >> I'm asking. I mean, it's a statement, it's just you being truthful. That's all it is. >> I was I already I already did it. >> Okay. Okay, that's fine. I was just asking. Sometimes Sometimes they have you write out a witness statement, so that's what I was asking is if they if they had you write out >> I didn't I didn't write anything. I just signed the form. It was from the resident manager. >> Okay, that's all you wrote. >> Yeah, this is his union steward. He he through the contract he has a right to refuse to write a statement. >> Okay. And you >> I'm not saying anything. I'm [laughter] just saying you know, I'm I'm just saying yeah, I'm a union steward and I basically I'm here to protect him and his right. >> Right. >> And as his right, he can either say whatever he wants or >> Exactly, and that's why I asked. Because I know that sometimes they do write out witness statements, so that's why I was asking And I I don't know if they're for you cuz you work for the union, correct? >> Well, he works for UPS, but he since he's worked for UPS he's a union employee. >> I see. Okay. >> So anytime there's any kind of this kind of discussion or discipline or anything else, we're present for their sake. >> Okay. >> Uh you have your ID on you, sir? License? >> I'm not going to say anything until you talk to me. >> [laughter] >> I've learned >> No, I just I just we want to make sure that we get all the questions that >> I know the address on here, correct? >> Um >> and we'll just need We'll have to get pictures of you. >> I just called her. I have them. >> Just hang up the phone. >> up the phone? We'll discuss that in Korea. >> Yeah, we got to get things written on all this too before we um before we leave. And then you guys have witness statements you're going to you and your other >> Yeah. >> Cuz we So And then a return of property because you're going to do one of your sheets on the property and it be returned to you. >> Yes. >> Okay. So, let's get pictures of that real quick. If I could do to get pictures of it over here >> I can take everything else. You know, I can put everything else in there. >> Well, hold on. Can she come by here? >> Yes. >> That I was That's what I was trying to see. I think she said she was on her way. Well, I mean the keys are I'm not going to be responsible for them, but they might be able to call the phone, but I can't. Like I won't be responsible for your your stuff. >> Yeah, I understand it. >> You know what I'm saying? But I'll I'll let >> I'll let him make that decision if he wants to do >> Sure he does, yeah. He gets it all. >> So, I had to hang up the phone. I was trying to see if she was saying she was on her way. >> Yeah, probably the phone. >> Yes, that that was returned cuz we'll need a copy of that. And this is all the property you have? Okay. >> Do you want his badge? >> Yes. >> Hey, man. I guess when you get to a stopping point at some point just just reply to the text with your email address and then >> Yeah, if I can get it all I'll send it to you sometime in the future. >> No, no, I'm not going to take your laying your manager you laying your bro. Put your right here. I'm only myself here for now. I'm looking back. >> All right. >> Yep. >> All right, good. Yeah. Oh, hey, Google. What do you want? Hey, let me You got it unlocked? I'll turn it on. Yep. You get this thing? You want some of that phone? So. Yeah, I need We need to know. >> Yeah, yeah, yeah, two that are there for you. We'll take that key and we won't have that key for you. >> Okay. Got you. Are you going to pick it up or do you want me to email it to you? >> Uh email it. >> With that information? You can just >> Email it. >> Yeah, you can email >> it over. Yeah. >> Cuz we'll have to come back out and pick up the key. >> Okay. >> Okay? >> Okay. >> Okay. Let me Let me have you put on the air, okay? >> Start with the search. The Fourth Amendment restrains the government, not private employers. When loss prevention independently opened that jug and found the coins, no constitutional search occurred. The Supreme Court drew this line in Burdeau versus McDowell back in 1921. United States versus Jacobson in 1984 refined it. Once a private actor has already frustrated an owner's privacy, officers may view the same contents without a warrant as long as they don't exceed the scope of what was already seen. Here, they didn't. The coins were admissible the moment loss prevention found them. No warrant, no suppression argument. That single doctrine removed the most dangerous Fourth Amendment exposure from this case before the officer even walked in the door. Now, the confession. Miranda versus Arizona requires warnings before custodial interrogation, two conditions, both required custody and interrogation. Custody isn't defined by handcuffs. Berkemer versus McCarty in 1984 asks whether a reasonable person would feel free to end the encounter and leave. A workplace interview seated with a union steward present and no formal arrest. That's arguably non-custodial. The officer read Miranda anyway. Smart. That one decision killed the strongest suppression argument before defense counsel could ever raise it. But, the delivery on camera appears interrupted. The officer began the warning and moved into direct questioning before completing all four required advisements. Whether the full warning was actually given before "Did you take these coins?" is not clear from the footage. A complete Miranda recitation takes about 45 seconds. That 45 seconds done carefully immunizes every admission that follows. Schneckloth versus Bustamonte in 1973 holds that waivers are voluntary when there's no coercion, but the warning still has to be complete. Then the subject answered and [clears throat] kept answering. He confirmed the coins, identified the location as door 101, admitted to prior cell phone thefts spanning several months, and could not estimate the quantity or value of what he took. Every answer compounded his exposure. His union steward was in the room. That matters, but not the way the subject likely believed. NLRB versus J. Weingarten in 1975 gives union employees the right to representation during employer investigatory interviews. That right protects employment interests, not criminal ones. A union steward protects your job. Only a criminal defense attorney protects your liberty. These two protections run on entirely separate tracks. Sitting in that room with a steward and no attorney is not the same as having counsel present. It isn't close. On the theft charge itself, Texas Penal Code Section 31.03 grades theft by value Class C misdemeanor under $100 climbing through Class A misdemeanor at 750 into state jail felony territory above 2500 and continuing up through third, second, and first-degree felony tiers. Platinum and silver bullion coins carry real market value. Even a handful can cross misdemeanor thresholds. And Section 31.09 permits aggregation when separate thefts share one continuing scheme, they're charged as a single offense valued in total. The phone admissions triggered that statute. The officer earns a B+. He Mirandized before formal arrest, pursued corroboration through physical evidence and witness statements, and maintained composure throughout a complex multi-party scene. The one deduction, the Miranda delivery on camera is ambiguous, and that ambiguity was entirely preventable. The subject earns a D plus. He waived silence repeatedly, volunteered the phone thefts when no existing evidence compelled that admission, and appeared to mistake union representation for criminal counsel. Those decisions turned a coin case into the foundation of a potential felony aggregation charge. The department earns a B plus. The investigation was constitutionally clean. Officers received evidence the government could not have gathered directly, documented it properly, and made the right call on Miranda timing. The only shared deduction is the same incomplete delivery that affected the officer's individual grade. Three lessons from this case. First, a lawful private search can deliver evidence the government could never gather directly. The employer's discovery here removed the entire Fourth Amendment problem. Second, the right to remain silent is the single most valuable protection a suspect holds, and it costs nothing to use. Third, a union steward and a defense attorney are not interchangeable. Confusing the two can turn a misdemeanor into a felony. 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 subscribe to our channel for more content on police and court interactions.