Uh. I know. Yeah. At Starbucks. Is that correct? >> It didn't occur on July 27th, 2025 at Tampa International Airport, Florida. >> I'm Officer Kio. >> Hey Kevin, how are you? >> I flew in last night. >> Uh-huh. >> Um it was pretty late. Went to PF Chang's for dinner and I knew that the guy it didn't register, you know, after a long time. When he gave me my check back, he didn't give me my card back. >> Okay. >> And I didn't realize it. Left >> Yeah. The the our server. Pretty I'm pretty sure. >> Okay. >> And um I'm actually having my wife pull back the uh the actual transactions, but they made two transactions here at the airport. >> Okay. >> Um I don't know what that one is. I was trying to get details for her on that and the time and the timestamps. >> Yeah. >> Um so you have a little bit more information, but I'm 90% sure it was the it was the >> Uh can you describe the server? Do you remember their name? >> He was a Hispanic guy. A young kid. If I saw him again, I mean I I'd I'd know. >> You didn't see his name on his name >> No. Um >> Or a picture of like their seat or anything >> That's what I'm trying to get my wife to do. >> And then do you know what your credit card number was? >> No, I had it on there. >> And that'd be like a >> I mean >> I can probably get a copy of it from from them and I can bring the information back to you. >> was a charge at Starbucks? >> And whatever that other and it looks like it's probably a >> And what was he wearing? >> He was wearing his uniform. >> Black? >> Yeah, yeah. >> The The reason What was your name? >> Spiros. >> Spiros? I'm Officer Kio. >> Nice to meet you, man. >> Look, we're just trying to clear some air. Sounds like maybe a customer might have left a credit card yesterday that you were serving and he's just trying to see if maybe you were in possession of it so he could get it back. He's just trying to fly back to Hawaii. >> No, it's a older male, white male. He was here around like 5:00 p.m. yesterday and you like matched the description perfectly. And of course, huh? I said server, right? Yeah, and and he just he just wants to get his credit card returned and I don't know what the procedure is or anything like that. He's just trying to get it back in his possession. >> I didn't turn in any cards yesterday. Usually whenever I see a card I give it to the host and the moment I see it I'm like, "Hey, this table left a card." And then I take it to the info desk. >> So so is there any chance it drops out like >> Never. No, because the moment I come back I open the checkbook to see if that's it. If I see the card I take out my receipt, I close the book and I take it over to the host and hey, wherever you are this guy left his check. >> Okay. Apart from that I don't do I don't go to the info desk. I don't keep the card. What time What time did you get off yesterday? >> Um I was 10:30. I left here around that time. >> Did you leave like directly here or >> I left You mean from here? >> Yeah, from work. >> Yeah, I went to the employee bus and switched to my bike and went home. >> Okay. >> I'm a master killer temper. >> I didn't ask for that. We just thought you're the one that was with a taxi. >> I [snorts] said it. >> So we're just going to walk back into the interview room. I appreciate [clears throat] you coming down. >> I lost it the other day. >> I know. >> All right. >> So we appreciate you coming down. Um >> I also come down and you guys say I know. Another credit card and use that. It wasn't mine. Like come on. >> Yeah. >> to see that like my customers. But I got my checks. Like you can look at my checks. It's just like you can combine the credit card. >> When you say checks >> Yeah, because if it had to be one of my customers if I stole the card. So I got my checks in there. Like you can combine them. >> Oh, you're talking at the restaurant. >> Yeah, it's if it's something like that. >> [snorts] >> Okay, we're just trying to get you know the information your written statement and everything like that. I'm just going to go ahead and just read you your Miranda and then afterwards you're just going to give your information here. You can just start filling out your statement like how you found >> We'll have a We'll have a conversation but I'll I'll let you give us the explanation. >> So what were you saying about the card? Do you know where it's at? >> I don't know what kind of card you're talking about. That's why I came here. What? >> Okay. >> You're talking about a card? I mean I don't know what card you're talking about. That's my problem. That's why I came. >> So um >> What was I talking about? >> I don't know what you want to >> Yeah, I was like >> Okay, so just just so you understand. So first of all the airport is covered by I think somewhere in the neighborhood of about 2,400 cameras. >> I know that. There are like 10 million cameras in the airport. >> So I assume you can't and you can't go anywhere in this airport. >> Yeah, but I've seen stuff. >> Um so when we tell you like for instance when you're at Starbucks and you find a credit card, do you recall this on the 27th? >> I found a credit card in Starbucks. That's where I found a credit card. >> At Starbucks. Is that correct? >> Yeah. >> So what I have is you leave >> go to Starbucks but I got my transaction here. >> You left PF Chang's and you went to Starbucks. >> Starbucks. Me and Juan. >> Yes, I saw you with another man. >> Yeah. >> And then you purchased Starbucks at the time. >> Yeah, which I have it inside of my phone. >> Yeah, but transaction shows it >> Yeah, I can do I get it through there. Yeah. I got my app. >> And then after Starbucks did you head home straight home? >> After Starbucks? >> Yeah. >> Yeah. >> Like how did you leave? Did you park Where did you park at? >> At the parking here. >> Okay. >> Okay. >> And do you remember what car you were driving that night? >> I was driving again my husband's Toyota Yaris cuz my car was got flooded. I think the whole the pilot and I did this. Very stupid for me. >> Looks kind of like you, right? >> Yes. >> Okay. Is it you? >> It looks like me. It does. It does look like me. >> know yourself. Is it you? >> Yeah, it does look like me. >> So it is you? >> Yes, 100% yes, 100% but it does look like me and the car looks like my daughter. >> [snorts] >> So that is you? >> Yes, it looks like me. Yeah. >> Okay. What what the >> Yeah. That's me. >> That's you? >> Yeah. >> Okay. >> So here in Starbucks they said I found a a card. Yeah. >> Um and then so you went straight home you're saying cuz obviously that's you at Circle K. >> Yeah, I I think cuz I didn't have gas I think I put the other day or the same day but I put yes. That I did or the same day or the same night because my daughter she always leaves at like 30 miles. So or the same day or the other day. I'm not sure if it's like the other night or the same night that I went for gas. I'm for that I'm not 100% like that I cannot swear on. >> So do you recall buying a large amount of cigarettes? >> No, that I don't recall buying cigarettes. >> Do you smoke? >> No, I did sometimes maybe get a cigarette or two out of my husband but I have a problem but I did go for I don't remember if it was that night or the night before. >> Your husband smokes? >> My husband, yeah. >> What kind of cigarettes does he smoke? >> He gets the roll ups and sometimes he gets the menthol the the not marble menthol silver. >> So listen, I get it you feel Have you ever been arrested before? >> No. >> Never been in trouble before, right? And you're not a spring chicken. You're probably What what are you? 32? >> I told you I'm older. I look younger. >> keep on telling everybody I'm 39 but I'm 47. >> Oh, 39. Okay. >> I'm not 39. I'm 47 but I tell everybody 39. >> I'm good with that. >> I don't mind that. >> So listen, I understand you're nervous, you're scared, you've never been in trouble and you're worried about it. >> No, but the thing is I've never I I would never use a card a stranger's card. Like this is for me it's crazy. Like why should I do that? Like I I don't need money. I live in Palm Harbor. I'm okay. Like why should I steal people's stuff? Yeah. >> So I get that >> nervous and scared. Just >> I'm nervous, mostly angry because this is like crazy for me because I got three kids and I don't want my kids like to hear something about this or this is everything it's crazy for me and my family, my whole family. >> Okay. >> Like if you check out my family, you look for the most respectful family in like for me in the universe. >> Okay. So, on the video you're captured on the video with the [clears throat] card. Then you go to Starbucks and you make a purchase that you cannot >> So, I stole the card so I can buy coffee. Like this is crazy and cigarettes. You stole a card to buy coffee and cigarettes. >> So, look, do you want to have a real conversation or not? >> Yeah, sorry. But >> Do you want to have an honest conversation or not? So, calm down and listen. You're >> Cuz I find it crazy. >> Let me ask you this question first of all. Let's establish a relationship of trust. You ready? Have I lied to you since you've been here? >> I think yes. >> You think I have lied to you? About what? >> About me stealing. >> Okay. >> Like yeah. >> Okay. Let me ask you this. Um So, we can establish a relationship of trust. How how's that sound? All right? I promise to you I won't lie to you and I have not lied to you, okay? >> Great. Like I'm sorry for that but I'm not. This for me is crazy. That's why I'm saying. You said be honest and I'm honest. For me it's something crazy. >> So, the card gets used by you at Starbucks. >> me like you said that I went there, I went there and all those places were used with a strange person's credit card. >> Thank you very much. >> So, I I took a credit card so I can buy cigarettes and coffee. Like why steal a credit card for cigarettes and coffee? Like I'm missing cigarettes and coffee in my life. >> So, is this you that's being So, like if we're going >> even smoke. Like that's the worst part. >> If we're going to go round and round and you're not going to you're not going to take responsibility, [music] then I have nothing to help you with. I I can't help you in any way. >> I cannot lie straight up. I would say yes, I did. I did take it. >> That's what I'm saying. Like I did not steal a card. >> defying you're going to tell tell [music] us that the video is not real. >> Like I cannot tell you >> We fabricated the video? >> No, but does it show that I'm stealing a card? >> What did I What did we just tell you? What You have video of you at Starbucks with the card. >> And I told him I don't know what to say. You have a video with me with holding a stranger's person's card. >> Yes. So, look. I I've dealt with Let me explain something to you. I've probably interviewed, I don't know, 4 or 5,000. I don't know how many people. Many many interviews. And usually like I could gaze like, "Hey, man. You made a mistake. You made an error." >> Yeah, I know. I'm so sorry. I I didn't know what to do. I don't know why. I don't want to say I'm sorry. I I did something wrong. I don't know what to say. >> It's You You You I can tell by talking to you you're used to conten- controlling the conversation. You're used to controlling the circumstances. You keep interrupting me the whole time I speak to you. You've interrupted me every time I've spoken to you. >> Cuz you keep on telling me the same thing that I I stole the card. >> Yet again. >> And I stole the card and I didn't know what to >> your final answer? >> Yes. >> Good. Stand up. Stand up. Put your hands behind your back. >> Why? >> You're under arrest. >> For what? >> For theft and for credit card fraud. >> Wait. Wait. Wait. Wait. Wait. My hand hurts. >> Yeah, it will. >> But, that hand hurts a lot. >> Put your hand behind your back. >> But, that hand hurts. >> Okay. >> But, make sure make sure make sure. >> Stop. Make sure it gets make sure. >> Come on. I got my kid in the car. They're waiting for me downstairs. Like, come on. >> Who's waiting for you? >> Outside. My husband, my kid, my my niece. Come on. I have my kids, man. >> arrest. >> Like, please. Okay. Can I get a lawyer then? Can we do this another day, please? I got my kids downstairs. >> Stop moving. >> My kid is downstairs, please. My kid is downstairs. Like, come on. Don't do this to me and my kid. >> You're under arrest. >> Do not do it. Please. Don't do this to me for something stupid. >> No, you're saying you didn't do it, remember? >> not. Yes. >> Okay. >> I did not. >> All right. Cool. >> You cannot do this. >> Do you have anything on your person I should know about? >> I I That hand hurts. >> Okay. You can stop moving. Stop moving. >> that hand. Leave that >> No, it doesn't work like that. You keep moving. Stop. >> Okay. Can I call my husband? >> We will call him in a minute. Stop. You are under my control right now. >> For what? >> You're under arrest >> For what? >> Felony charge of fraudulent use of a credit card. >> So you brought me here to tell me that I I took a credit card, which I never took. >> Even after getting arrested and watching her story fall apart, she still refused to admit she stole the card. At this point, she'd repeated the lie so many times, she almost seemed to believe it herself. >> Can you stop pushing me? Like this is rude This is rude. >> Then walk. You guys want to see me off the property? >> Huh? >> Huh? You guys want to see me off the property? >> No. >> I'm with Haley here. >> Oh, can you have her come out? >> Hey, cool. >> Okay. >> Can you please call my husband? >> Stop. >> Please call my husband, please. Please, he's got a little one in the car. Can you move? Can you call him? >> I will when I get you in the car and search. Are you going to comply with this officer right here while she does her search? Face the wall. Face the wall. >> It's pretty out. Why are you doing this, man? Like for real. >> Why are you in your stance, ma'am? >> I can't rotate for me, okay? Like what? My hand hurts, I told you. >> All right, you got anything in your hand? Just open up. All right. You got anything sharp on you you can tell me about? No, okay. >> Where are we going now? >> Jail. >> For what? >> Fraudulent use. >> For jail? >> Yep. >> Yep. Okay. Can you take these out now? >> Yeah, we already have a report. >> So if once I get that, then I we can proceed. >> Okay. Nice to be here. >> Okay. >> I think that should be good enough. >> Yep, thank you. >> Um can you Do you guys have our dispatch number? >> Yeah, yeah, I have it there. >> Can you just let us know when you guys do it? Um because we would like to trespass her following so she doesn't come back here and do something. >> Okay. >> All right, so I'm just letting you know it's due to your termination, you're going to be trespassed from airport property for a year. This is especially since you don't have you're not working at PF Chang's. So, you cannot come to airport property unless you're flying out. That's it. No other reason. Not with your husband, nothing. Do you understand? >> Yep. Does it This is supposed to be like what like court or like >> Yeah, you can go to court, but I'm telling you right now you have more than enough evidence. You're You're going to One of the charges is going to stick, okay? I already have the SAO already talking to me. There's nothing you can do about it. So, right now you're being trespassed and you refuse to leave, I will re-arrest you for trespass after warning. >> want to be arrested. I'm just going to go and leave my stuff in the office and go, okay? >> Why you going to leave your stuff in the office? Is that your boss? I But, do you have her side uh You just want to take the side uh Okay. I'm escorting her up if you want to. It's registered to your husband, yeah, I know. >> Yeah, so she's going to come back with this car so she can pick up her dad because we have the same car. >> We're not looking for you. They're just I'm just letting you know that they're not going to issue another side uh You can fly out here, anything else like that. The reason Do you understand why this happened, right? Look, I'm not saying you're a bad lady. >> I'm not bad at all. >> You made a mistake. That's it. >> Yeah, but the thing is you could have told me like get a lawyer or something. >> I did. I read you >> I work I work with three. >> I >> I work I work with like >> It really >> I've never done anything like that. >> have mattered. I know. I know. That's why I was disappointed. I was surprised. >> Chang's restaurant employee was arrested for fraudulent use of a customer's credit card, Starbucks and Circle K on airport property. Charged Florida statute section 817.61. The statute section 817.61 criminalizes the knowing use of another a credit card without authorization. Classification, felony of the third degree. Penalty, up to 5 years imprisonment and a $5,000 fine. Shoot, does not require proof of theft. Knowing use alone is sufficient to establish criminal liability. Suspect claims she found the card at Starbucks. Under section 817.61, that is not a defense. Finding and using another person's card, rather than turning it in, satisfies every element of the offense. Found card claim is not exculpatory. Under Florida law, it is a confession to the crime itself. The most legally significant issue in this encounter, Miranda advisement timing. See Arizona, 384 US 436 966. Rights must be given before any custodial interrogation begins. Four warnings, right to silence, statements may be used in court, right to attorney, right to appointed counsel. See this encounter, officers conducted substantive interrogation before the formal advisement was delivered. Pre-warning topics covered, card handling procedure, shift timeline, departure route, and Starbucks presence. Central question, was the suspect in custody during that pre-warning questioning phase? Custody under Miranda does not require handcuffs. It requires that a reasonable person would not feel free to leave. She arrived voluntarily. However, the transition to a closed police interview room altered the custody calculus. Courts apply the totality of circumstances test. No single factor, not even a locked door, is determinative. See J.D.B. v. McArdle, 468 US 4 1984. Non-custodial voluntary questioning does not trigger Miranda requirements. See Missouri v. Seibert, 542 US 600 2004 addressed the question first, warned later interrogation strategy. The Seibert court held that deliberately withholding Miranda to extract pre-warning statements violates the Fifth Amendment. No deliberate strategy is evident here, but the structural pattern creates identical suppression exposure. Suppression motion targeting pre-warning statements is virtually certain. Success depends on the custody finding. Those statements are suppressed. What survives? Surveillance footage and transaction records independently obtained. Neither category of physical evidence is derivative of any statement made by the suspect. Prosecution retains a viable felony case even if the suppression motion partially succeeds. Following the formal advisement, the suspect invoked the right to counsel. Questioning ceased immediately. TV Arizona 401 US 477 1981. Once counsel is invoked, interrogations must stop without exception. The officers complied with Edwards immediately. No Sixth Amendment violation at this stage of the encounter. The suspect's account shifted three times. In criminal law, a shifting story creates impeachment opportunities at trial. Version one, categorical denial, no knowledge of any missing card. Delivered before Miranda warning. Version two, she found the card at Starbucks. Offered only after surveillance footage was disclosed. Version three, rhetorical challenge, why steal a card for coffee and cigarettes? Motive is legally irrelevant. Version is time-stamped in the body cam recording. A three-part impeachment record for the prosecution. Perkins 496 US 292 1990. Voluntary unsolicited statements are admissible regardless of Miranda timing. Shown surveillance footage, the suspect voluntarily confirmed, "That's me." No police prompting required. The that acknowledgement made without compulsion is independently admissible and highly probative under Perkins. Physical evidence, Starbucks transactions, Circle K purchase records, and 24 camera airport surveillance footage. Together they establish presence, possession, and unauthorized use. The three core elements of section 817.61 is lawful under Florida statute section 901.15. Warrantless felony arrest on probable cause. Probable cause is multi-layered. Victim report, surveillance video, transaction records, and suspect admissions. The suspect resisted handcuffing, creating additional exposures on Florida statute section 843.2. TV Coner, 490 US 386, 1989, establishes the objective reasonableness standard for police use of force. Three Graham factors: severity of the offense, threat level posed, and whether the subject is actively resisting. Non-violent felony, threat minimal. Resistance active but physically passive, no assault on officers. The arm control to complete handcuffing is objectively reasonable under these Graham factors, no force violation. The arrest pat down authorized by Chimel v. California, 395 US 1969, no warrant required. The trespass order follows Florida statute section 810.9. Employment termination removed airport access authorization. Kevin receives a B+. The interview was thorough, professional, and established the factual foundation for the investigation. He coordinated with the state attorney's office and delivered a legally adequate trespass advisement under section 810.9. Concern: The initial suspect description, a young Hispanic male, does not match the arrested female individual. The body cam does not explain how investigators bridge that identification gap. Defense counsel will exploit this. End. He shares the Miranda timing vulnerability created during the pre-advisement questioning phase. The B+ reflects strong professional performance tempered by two correctable procedural concerns. If Kell receives an A- interrogation strategy was tactically superior, sequenced specifically to foreclose denial before it could begin. Establishing 24 camera coverage before presenting specific footage is textbook investigative technique under any standard. The rapport building was measured, acknowledging the suspect's family context without conceding any element of the case. The arrest decision was well-grounded, clearly communicated, and defensible on multiple independent evidentiary bases. Two concerns prevent A+. Miranda timing and behavioral characterization language used mid-interrogation. Describing the suspect as used to controlling the conversation approaches subjective characterological inference. Behavioral observation is a legitimate investigative tool. Personality assessment does not strengthen the evidentiary record dictly. If pre-warning statements are suppressed, the physical evidence survives independently. Surveillance footage and transaction records alone sustain the felony charge. The Miranda concern does not collapse the case. Suspect receives a D. Evaluated strictly on legal strategy, the only applicable framework here, her conduct was counterproductive throughout. She made voluntary statements for over 10 minutes before invoking any constitutional protection whatsoever. Amendment right to silence attaches at first police contact, not at formal arrest. It was not invoked. The invoking it requires no explanation, carries no legal penalty, and would have prevented the most damaging admissions. Her account shifted three times, each version adding a new layer of impeachment to the prosecution's case. Her voluntary identification in surveillance footage, "That's me." is the single most damaging statement in this encounter. Given without prompting, before formal warning, independently admissible under Perkins, no suppression protection applies. Being handcuffed added exposure under section 843.2, a second charge on top of the underlying felony. She requested attorney upon arrest, the correct constitutional instinct exercised 14 minutes too late. D is a legal performance assessment. The consequences are real regardless of intent or character. The lessons from this encounter, applicable to both law enforcement and the public. D1, Miranda advisement must precede substantive questioning once effective custody begins. Cybert risk is real. Two, Florida statute section 8761 provides no safe harbor for found cards. Knowing use is the only element. Three, right to silence attaches at first police contact, not at arrest. Use it early. Four, a shifting account is more damaging than a consistent one, even if the consistent account is false. Modern airport surveillance is comprehensive. 24 cameras left no gap in this investigation. Passive compliance during a lawful arrest prevents additional charges. Resistance compounds the problem. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. She, thank you for watching.