phone left charging in an employee area a birthday obtained in casual conversation four intimate videos and credit card data forwarded to a coworker's device the victim did not notice for two months I used to work at Starbucks the one in front of CJ K I'm 36 I was doing a favor sorry OK I was doing a favor for one of my friends and I worked a shift over here on July 11th and one of the baristas that's currently here right now he grabbed my phone and he sent himself my credit card information and explicit videos of me and my partner and I didn't notice till 2 days ago when I cleared out through my deleted messages and I saw himself sending himself the information I can show you the messages alright and we checked with our friend that still works here and I'm sorry about the the videos no no 7 8 6 no 3 0 6 6 0 6 0 did it no did it no no sorry I saved his number after the whole thing happened but that's everything and that's my credit card information and it's the same thing so alright so that's your credit card yeah and he sent it to himself yeah he sent it she has charges to the credit card to you do yeah do you have those charges and said he's he's right there now yeah he's working right now what's his name Benjamin Aubrey my roommate is a shift supervisor here and she spoke to the manager and they're building a case right now okay for his for for him to get fired basically cause he does have like previous history of doing this to somebody else but I guess they never fired him the first time okay so when did this happen this happened July 11th um at the time I was I just moved out recently so I was working a lot of hours to make like money to move out and I really like after I clocked out that day I didn't pay any mind to it until I cleaned up my phone recently and I saw the okay where did you get his phone from where do you have the phone on the night of the night that happened um I was working at the store and we were making conversation and he asked me what my birthday was and I had left my phone charging in the back in the back of the store yeah in the back of the store next to the computer on the left there's a plug and I left it right there um and then later on uh barista made a comment to me he was like oh he has a record of doing this in the past and then I noticed my phone wasn't there obviously I was finishing up closing and I I was a shift supervisor so I wasn't paying attention to my phone I just left it charging and then later on in the night when I did come back to it it was there so I didn't think anything of it and then I clocked out and I just went to sleep cause it was a late night closing shift okay um was the phone locked or how did it was locked with my birthday oh OK yeah so he asked you for your birthday and then yeah that's why OK he I'm assuming he took it to the bathroom cause it was very short amount of time but I'm assuming my phone was gone I don't remember it being gone for that long like I came back to it like an hour later and it was there so I don't think he had it for that long but which when he did have it I guess he took it to the bathroom and sent himself the information I'm not sure oh so the credit card yeah how much did they charge you there's it's been since July 11th and my credit card was locked for a small amount of time in between there's a couple charges that I don't recognize there's cash advances and I maxed it out recently moving out so that's why I he hasn't been able to use it cause I've had it maxed out and I haven't paid it so which one are yours these 3 I don't recognize three square charges this three yeah and I don't know what he's done with those videos that he has he's had them for that long and I hadn't noticed and they were in my hidden folder on my phone so so how do you do it you have your yeah it's unlocked by your password too that's about it that's all I know that you don't recognize on your part yeah I'm not sure if he did anymore I haven't called my bank I locked the card but I I've been working and going to school so I haven't been able to call and see but I'm not worried about the credit card charges I'm more worried about the videos and that like that he did that so easily and so comfortably like it's just wrong to me like the fact that I just noticed you know that was about it right he didn't do anything on his phone no like you don't know yeah I don't know you're on 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 hey how you doing bro how you doing bro bring yourself bring yourself yeah alright so what happened July 11th July 11th I'm not sure do you get somebody's phone and send yourself some pictures videos alright so why is your phone number somebody else's phone are you sure you don't have no videos of somebody facing something you don't know no no I don't know were you working at the you're very lovely I think so do you mind if I see your phone or um I mean sure but I'm not I'm not sure you're not sure what like like you wanna go through my phone now somebody's saying that you got somebody's phone that's like yourself from videos on TikTok I'm not sure like I didn't do that you didn't do that no it's like I said the cameras now it's gonna be why did you ask somebody for their birthday their birthday yeah I don't know maybe for small talk I don't know where no so yeah I'll talk to the management and I'll tell them that you never had an issue with that I have one yeah are you going to keep this one yeah it's 0 4 it's 0 9 20 0 30 throw up reload you seem a little nervous why you nervous sir you seem a little nervous why you nervous just because you can't stop at work that was first you're gonna get in trouble I'm sorry you're gonna get in trouble I'm sorry yeah and I'm not saying that it was you but your phone number is there OK alright and that person the pictures that you sent to yourself or social media credit card I want alright okay that somebody's been using it okay alright that's illegal and that's just a video that's also illegal alright so just letting you know alright you saying that you have that you have nothing it wasn't you I don't have that what's your what's your name uh Benjamin Alvarez uh yeah so that's a phone number I found from that person's phone and you don't have that phone number in your phone no I don't you deleted that message I'm not sure what the phone number is I mean it's your credit card yeah picture or space videos I can go yeah I can go thank you sir alright what's your name here um the name or you want me to grab it no just come on in have you guys have problems with this person he's him going is somebody else's phone before that you're aware yes yes yeah I was aware hold on hold on hey did you know if I just sounds those cameras where that yeah where the phone was the phone was in the back it's charging correct there's cameras that you know by the time it's on July 11 they will have it that exact day yeah I'm sure they will they will I'm sure they will cause who would have access to that you or no I'd be the asset the store manager or the district yeah yeah we got it we got it yes this is for me she has a 30 years of problems with him doing the same thing I I have heard I was not there you were not there but you have heard and I have yeah that is OK different OK yeah so what I'm sorry what was that like different like two different instances of like alright um but you won't hear what that happened no do you know if you guys are doing an internal investigation or something I know that there was one open I don't know if it's resolved or both but I know for sure that someone had like made a formal complaint hold on hold on wow it's like there's been something with and some other partners whatever alright ma'am so what they're gonna do now is gonna go try to make contact with him okay to see if he was the first okay cause we're only based on assumptions you know what yeah obviously or what not we don't have anybody that says you didn't witness it yeah or there's no nobody that says hey I saw him he does that yeah you know that's just a report that he has okay so as far as your credit card and the fraudulent things that's going on you already reported to your bank right and you're in the process of yeah I cancelled it and I'm recording it with my phone yeah to right now as to the video that's where we're trying to figure out to see it's a $49,000 hey it was me general you know fire alarm we'll see we'll go from there I'll put just be aware of mindful like whatever you guys do whatever you guys do if you're always getting the hands of the wrong person and once it's out in the internet there's nothing that we could do to bring it back yeah obviously it's already out you know yeah so we're gonna see what the officers you know if they're able to get him to say hey it was me if he says hey it wasn't me it wasn't me there's pretty much nothing that we could do about it we call the police report what it is so that to check for what I'll report them to check the cameras so how long are those cameras there how long corporate has access to the cameras okay so you have to like so like email them or something yeah they have a did you guys file a complaint with corporate already with Starbucks yeah and what do they are they telling you yeah they're they're they're they're we're investigating this internally and there's yeah he has a a traffic report a business report OK alright so I mean call police report we are reporting so you are reporting right now yeah yeah we're gonna write something you know what I'm saying it's not like we're just trying to brush you off it was just you know but if he says he isn't you guys can't we can't force him to like if you if you tell me hey it wasn't me it wasn't me I can't force you to be like yeah hey you need to tell me it was you you got me cause now I'm violating his rights you got me at that point if he you know says hey it wasn't me but you know he never knows maybe he says yeah it was me so at that point we have something going on alright and if he confesses that hey yeah I did get her phone um he did without your consent he made you know went into your phone and did all those things so then there's something there OK and if you want to press charges any criminal charges we'll go ahead and go with that alright so how many videos was it one or was it like no it was like 4 4 videos yeah OK alright they were exclusive videos yeah yeah OK no problem is that him yeah okay alright so you're able to identify that that's and you said your phone was by the drive through cashier no charging in the back in the back yeah okay next to the computer on the left side so it's like employee area okay but there's I don't know I'm not sure if there's cameras pointing towards you but there is cameras around there is there cameras there specifically that you're aware of sure OK I don't I I worked there like 3 4 times I'm not sure cause you're not you're not part of this yeah no I work I used to work at the other store OK you don't work for Starbucks anymore no not anymore OK and what is Starbucks telling you as regards to this um I mean they have all the proof and they have the other statement from the other barista who saw my phone was missing as well okay and what did they say um they're probably gonna go ahead and fire him they're gonna fire him yeah okay now you just want the videos not to get I don't think it's correct that he did that so easily so comfortably and that I hadn't noticed till now and if I wouldn't have noticed what would have happened you would have reported him yeah did you come here earlier today or no no and how is it that you know it was him because my roommate is a shift supervisor at the Starbucks I was doing a favor for her I was covering her shift cause she was sick okay and she confirmed his phone number in front of me okay so yeah they're on a WhatsApp group chat together like it's I so if you put his number you could be able to see his picture on WhatsApp literally can you show me that yeah of course I have all the screenshots this is his WhatsApp this is his phone number and his WhatsApp profile open him and his girlfriend and that's the number that's on the Yep that's the phone number that's on the text as well on the text I will send yeah from your phone yeah nobody else has access to that phone or I'm saying but like nobody else in there so have access to your phone no no no nobody he asked me for my birthday that day we're making like regular conversation yeah over the headset because we have headsets and I I was generally just talking to him and I obviously I didn't think anything of it because I was closing up the store and I was just making conversation but obviously one thing that's the end okay your birthday is July 11 no what is it I changed it just recently cause of what happened okay so but it was incident happened July 11 yeah the incident that's why I'm getting confused okay so we're in September 4th he's one of the shift supervisors has worked there kind of like the longest so he might know yeah he might know and this did happen in this just to confirm it happened yeah yeah OK yeah I don't know what your guys policy is with the whole situation cause this is supposed to be the second time I would like the the highest management to know yeah alright if you did if you did it to her which I say he's gonna do to someone else he's a nice person so that's a hostile working cause he he's like he like asked me to leave so I'm like I don't cause he he like burned his foot just now with like some mop solution so it's like swollen I don't know he's gonna send you the link upload anything that you think will be of any value OK for this case OK OK um don't send the video the quiz videos I wanna know no yeah just anything that you think might help us to link him so um of course so we went in they went inside they spoke to him obviously he's gonna deny deny deny everything um however we are gonna investigate the fraudulent transactions that happened in your credit card just like I told you earlier call your bank okay now as far as the video um they're also gonna investigate that as well OK cause it is a crime for what happened OK um they did get the information of Starbucks so all this will be forwarded to the detective which will be assigned to the case and they'll look into it OK alright so for now just if you get anything new or you have any anything else happens just call us and let us know alright um I hope that you know while I was speaking to him that he probably changes changes his train of thoughts if it's him it is it was like he he seemed suspicious I mean let's say if it's we suspect I can't say it's him yeah because we don't know yeah but let's say if it was him by us talking to him hopefully like you know he has a change of heart and alright the videos don't go anywhere or they just got deleted alright but not saying it was alright huh what a day complicated day right what a day I went to class been busy sir learning about physics yeah I mean about particles why cause I'm an engineering major oh no way and um it's good yeah and then um do you like it here no no yeah alright do you mind me asking how many videos were there four when were you deleting your folder sorry when was it that you were deleting the folder recovering my deleted message yeah yeah like two days ago two days ago yeah so you'll say what September 2nd yeah like this Sunday did they have lockbox containers here like while you're working like through your phone or something hmm it's just like the background of the table and the picture hooks for the bags and stuff it's not also my phone was not in the open I recommend for the future just try to always keep your prolongs near you of course or inside because I mean you should feel comfortable leaving it or you wanna leave it though yeah you know what I'm trying to say of course see what if you know this are you going back to work or no I'm not going back to work I don't know I don't know I don't know OK so we have 4 videos on all this I haven't called my bank to for them to make an investigation I just locked my credit card yeah so I would suggest you do that is there a limited time on the on the link for the so oh yeah that's right I know like I said you don't have to you don't have to send the videos just like it's not a problem OK make a record thing I'll check it this weekend when you get home just kind of see what's going on yeah I'll do the same stuff and just uh which federal and state laws apply here what are the constitutional limits on what officers can demand from a suspect who refuses to cooperate and what distinguishes a case that holds up in court from one that collapses before trial the legal analysis begins with intent eliciting a passcode through conversation before accessing a device is classified as social engineering courts treat this as premeditation not opportunism the criminal plan existed before the device was touched that distinction directly affects both the charges available and the defenses that can be raised The Federal Stored Communications Act Title 18 United States Code section 2,701 prohibits unauthorized access to stored electronic communications the statute applies regardless of the relationship between the parties forwarding private content from another person's phone to your own device without authorisation satisfies the statutory elements of a federal offence Florida Statute Section 784 dot 49 Sexual cyber harassment criminalizes the nonconsensual transmission of sexually explicit material the offense is complete at the moment of transmission distribution to the public is not required sending the content to a single device including your own constitutes the offence under the plain statutory language Florida Statute section 817 61 criminalizes the fraudulent use of another person's credit card information successful completion of a transaction is not required unauthorized access to the card data combined with evidence of attempted use is sufficient to support a charge under this statute The Supreme Court held in Schneckloth v Bustamonte 412 US 418 1000 973 that consent to a warrantless search must be freely and voluntarily given coercion or implied compulsion voids consent entirely a suspect who declines a voluntary phone review is exercising a constitutional right officers who continue pressing after a refusal risk invalidating any evidence subsequently obtained in Riley v cast California 573 US 373 decided in 2014 the Supreme Court held unanimously that cannot search a cell phone incident to arrest without a warrant the court reasoned that a modern smartphone holds more private information than an entire home the warrant requirement for digital devices is a constitutional floor not a procedural option evidence obtained through a warrantless phone search or through custodial interrogation without Miranda advisement is subject to exclusion at trial under the exclusionary rule routing a digital exploitation case to detectives with subpoena authority is not procedural delay it is the legally correct step to preserve the evidentiary chain Florida Statute Section 90 dot 404 subsection 2 permits introduction of prior similar acts at trial to establish motive pattern and absence of mistake prior complaint for identical conduct at the same location directly negates an accident defense under this evidentiary rule the weight of a second incident is not additive it is transformative one incident is a claim two is a documented pattern a subpoena issued to a phone carrier produces records without requiring the suspect's cooperation when the registered number on those records matched the outgoing messages in the victim's deleted folder circumstantial identification became direct documented evidence carrier subpoenas are obtained through court authority and are not subject to Fourth Amendment consent requirements three legal lessons from this case first a passcode based on publicly known personal information provides no meaningful Protection against a determined insider second unauthorized access is defined by the absence of authorization not by technical difficulty a hidden folder behind a second password does not legally protect its contents third in digital crime cases the victim who preserves evidence before calling police often contributes more to the prosecution than anything officers can collect on scene three charges were filed but several legal questions remain unresolved was the prior complaint documented in a way that satisfies the admissibility standard under section 90 dot 404 does the two month gap between the incident and the report affect the continuity of the digital evidence chain and does bypassing a second authentication layer to access a hidden folder establish criminal intent independently of the underlying access charge the answers will determine whether the case survives the evidentiary challenges that follow