I did put it back. >> In your purse. You put it in your purse. >> No. >> And then you did not pay for those items. You walked past the final points of sale. I'm just going to read you your Miranda rights, okay? All right. Before we ask you some questions, I'm just going to read you your Miranda rights, okay? >> Yes, I've been in trouble before with you. >> On February 27th, 2024, a deputy responded to a Target retail location where loss prevention had detained a subject for trespass and theft. Excuse me, ma'am. Okay. >> I'll tell you. >> I'll have your purse, please. >> Sure. I didn't know what it was. I wanted to be sure and I paid for it. Here's your receipt. >> Okay. I'm going to ask you a few questions, okay? But before we do, I'm just going to read you your Miranda rights. All right. >> I'm sorry. >> Before we ask you some questions, I'm just going to read you your Miranda rights, okay? >> Yes, I've been in trouble before with you. >> You have the right to remain silent and anything you say may be used as evidence against you. You have the right to talk to an attorney and have him or her with you now or anytime during questioning. If you cannot afford an attorney, one will be appointed to represent you. If at anytime you wish to stop talking or have an attorney present, all questions will be stopped at your request. Do you understand these rights? Are you willing to talk to me? >> Yes. >> Okay. So, in the past, have you been >> Yes. With you. >> In the past, have you been trespassed from this Target before? >> Yes. >> Okay. What were you trespassed for? >> For taking something. >> Okay. And what brings you back here? >> I did what I had to do when I like shopping here. >> Okay, will you explain the trespass warning? >> I called and they said it was okay. >> Called who? >> Whoever is responsible. A long time ago. >> Okay. When were you trespassed? >> It's been a few years. >> Do you have anything on paper that says your trespass has been lifted? >> No. >> Any kind of documentation to prove that your trespass was lifted? >> No. >> Okay. >> I called though. >> Did you steal anything today? >> Say again? >> Did you steal anything today? >> No. >> Did you open any packages? >> Yes. >> Which one? That one? >> Yes. >> Did you open any other packages? >> And that. >> Okay. Where are the other rings that are in there? Sorry, I don't know where the rings are that are missing. Have a good day. Thank you. >> No. >> Yes. >> And then I know what unless it's from last year. >> 1999 I did. >> Do you want to go over the receipt with her? >> Yeah. >> Yeah. Two tampons and then Carefree pads. Okay. This came out of >> I didn't know. I didn't know. >> It still has the the >> Joanne, I'm going to ask >> white marking on it. >> And we know the answers to. We're hoping you're going to be honest with us here. >> This is not the first time we've dealt with you. >> I know that. >> So then what We're not trying to play your little pony tricks on you. >> I did put it back. >> In your purse? >> You put it in your purse, ma'am. And then you did not pay for those items and you walked past the final points of sale out to the parking lot. 23rd of 2021. You're issued a trespass warning notifying you that you are no longer welcome onto this property. Okay? Do you remember this? >> Not that I wasn't welcome here. After I I went and >> Did the deputy explain what this is? You were issued a piece of paper. It looks just like this, but it was a pink copy. The deputy explained that you're no longer allowed on this property inside and on the parking lot property. >> I had called. >> Okay, and just like he was saying earlier, do you have any proof as to that you called and you were allowed to come back? >> No, I've been >> Okay. >> coming here for a couple of years. >> We have no indication saying that you are welcome back onto this property, okay? So, right now you are currently trespassing according to this trespass warning. >> I'm sorry. >> Okay. >> I'm still not welcome here? >> The trespass warning has has not been lifted. It has no expiration on it. >> How do How do you do that, then? >> You have to contact >> I did. >> And you have to get full documentation proving that you are allowed to come back here and that this trespass warning has been lifted. >> I have to have it in writing or something? >> Yes, ma'am. >> It turned out she had been banned from the property for years. Unfortunately for her, that's not something a quick phone call can undo. >> You guys have the the statement paperwork and witness to prosecute paperwork, anything like that? >> I have a bunch of earrings over there. >> On the floor? >> On the floor? Yeah, that was on the second of the two instances. I was going to detach that one, too. >> Okay. Yeah, cool. >> I did not take it intentionally. It might have fallen in my purse. I put my purse in the >> We located the the other earring on the floor. Do you guys want to pursue charges on her trespassing? >> On the Yeah. >> Okay, do you guys want to pursue charges on the the one earring that was removed from the box? Taylor, okay. All right. >> Are you going to prosecute for the theft and the trespassing? >> My husband is 85 and I'm very forgetful. >> Yeah, I apologize, but that. we've had children in here as young as 10 years old. >> I know. >> I don't I don't really discriminate when it comes to drug dealing. People come in all shapes and sizes. >> do anything. >> What do you mean? You pulled it out of your purse. >> I didn't put it in there. It might have fallen in there, but I didn't put it. >> The beauty of America >> drop >> Listen. Listen. The beauty of America is that there will be your time in court. That time is coming. This is not a courtroom. No. >> What are you looking for? Can you please tell me what you're looking for? >> I'm looking for a driver's license. They're getting the statement done right now. >> I didn't do that intentionally. Believe me. >> They can still have missing brochures, but I can give them a case number and tell them what they need. >> On the ground? >> No, it was just right there in front of me. I was holding it half the time, and I was I had it in the car for a while. I didn't It was not intentional. >> Charlie, 223 tail tight? >> Really, I wouldn't do that. It wasn't even an expensive gift. That's why I didn't put it back because I'm allergic to that. >> It doesn't The price isn't a factor. What's my 10-40? >> Can I do anything? >> No. >> Can you let me come to work here or something? >> I don't know you. >> I'll work it I will. I used to be in sales. I used to be in the medical field and >> The store applies now is not going to let you come work here. That's not >> But I didn't steal it. >> Do you want to work out these items? You guys they're not going to They're not going to They're not going to take you up to the Which Which card did you use? >> I don't want to go to jail. Please. >> Ma'am, we're not going to go back and forth. Which card did you use to pay for the items? >> The uh the Target card, I believe. >> This one? >> Yes. >> Okay. Is there a PIN number to go along with that? >> Yes. >> Let's go do a return at the register. >> You can take all of that. >> Ma'am, come with me. >> She thought nobody was paying attention. Unfortunately for her, the camera saw everything and her behavior only raised more red flags. >> Return? >> Okay. Everything you were trying to return. >> You sure you just want to stand here and do this all or >> Um no, I'll just go ahead and put the return receipt on the drawers. >> All right, ma'am, we're going to walk back this way. Ma'am, this is going back in your wallet, okay? >> Yes. I have theft protection. I do. We had a close friend up in New York and in the shopping center that was near our home, there was a knife slasher that was slashing women's legs underneath cars. >> Are you able able to um get the video? >> Yeah. >> We got you. >> Perfect. And uh it's all on a receipt for the uh item? >> Yeah. >> For sure, do you want it for uh just that one block, right? >> Yes. Yeah, definitely. >> When you guys do that? >> Yeah. >> Is that package right there on that table? >> I'm sorry. >> You're good. Yeah, it's right there. >> I'll be back right here. He didn't get the yellow. >> We'll talk when we get back. >> I'm not I'm going to have to come back. >> I'm sorry. >> No more. I know. >> That's what you were told in 2021. >> I just told the lady that. >> That you're not allowed. That even means the parking lot in front of Target as well, okay? >> I called and spoke to someone here. >> Okay, but we have no proof to We have no proof to confirm that. >> I didn't know it. I don't know anything about that. >> I'm going to put handcuffs on you. Please sit in the car. >> Okay. >> Subject, age 80, carried a written trespass warning dating to 2021 and was observed on surveillance opening merchandise packaging. This encounter raises three core legal questions. Miranda compliance, shopkeeper's privilege limits, and use force proportionality. The Arizona 384 US 436 1966 requires a full rights advisement before any custodial interrogation begins. Duty is established when a reasonable person would not feel free to leave satisfied in any formal law enforcement detention. Deputy delivered all four required elements, right to silence, use of statements, right to counsel, and appointed counsel. Under Berghuis Tompkins 560 US 3C2 2010, waiver of Miranda rights may be implied by voluntary statements after advisement. The subject's unprompted admission, "I've been in trouble before." before the advisement concluded is admissible under the waiver. Amendment protection is personal and waivable. Once waived, every voluntary statement becomes available to the prosecution. Keeper's privilege authorizes merchant detention for theft investigation, a doctrine codified in most US state codes. Three elements must be satisfied. Reasonable grounds for suspicion, reasonable manner of detention, and reasonable duration. Reasonable grounds were established through preexisting surveillance footage, documented evidence, not mere suspicion. Detention was conducted in a private security area using verbal means only, consistent with shopkeeper's privilege standards. Duration remained investigation focused throughout, extended only by evidence gathering steps within the legally defensible scope. Law enforcement involvement converts the civil detention into a constitutional contact, triggering fourth and fifth amendment protections. Criminal trespass requires knowingly entering or remaining on property after receiving formal notice that entry is forbidden. Usually, all US jurisdictions, a written trespass warning constitutes legally sufficient and permanent notice. The warning issued February 23, 2021 bore no expiration date, consistent with the majority rule that trespass bans do not expire. A verbal phone call carries no legal authority to rescind a written trespass order. Written documentation from the owner is required. Under the majority rule, each unauthorized return following written notice constitutes an independent chargeable criminal act. The subject's three-year pattern of returning without written authorization represents multiple separate and prosecutable trespass offenses. Retail theft requires two elements. One, taking merchandise, and two, intent to permanently deprive the merchant of its value. Opening a merchandise package satisfies the actus reus theft under most state codes, even where the item is not removed. The earring located on the store floor does not negate theft the statutory intent analysis, not location, controls. Innocent mistake defense requires consistent plausible explanation. Evolving accounts across an encounter undermined that defense. Under Federal Rule of Evidence 404b, prior similar acts are admissible to prove intent, knowledge, or absence of mistake. Prior theft at the same location referenced by loss prevention is directly relevant to the absence of mistake analysis. Under Graham v. Connor, 490 US 386, 1989, any use of force must be objectively reasonable under the totality of circumstances. Factors govern: severity of the offense, immediacy of threat to officer safety, and whether the subject resisted or fled. Applied here: misdemeanor level offense, no physical threat, no resistance, no flight risk. All three factors cut against force use. A handcuff threat against a stationary, cooperative, non-resistant 80-year-old subject fails the Graham objective reasonableness test. Conduct fell below a constitutional violation threshold, but constitutes a tactical error inconsistent with de-escalation training. She grade a minus. Miranda advisement was complete, correctly sequenced, and executed before substantive questioning, procedurally textbook. Investigative questioning was methodical. Evidence was fully secured through video confirmation, return receipt, and recovered item. The handcuff threat against a compliant non-resistant subject lacked proportionality support under Graham v. Connor. Prevention, grade plus. Detention was grounded in surveillance evidence, not bare suspicion, satisfying the reasonable grounds element of shopkeeper's privilege. 2021 trespass documentation was immediately accessible, enabling independent trespass charges alongside the theft allegation. Prior visit reference was not converted into usable documentary evidence, a gap that weakened the overall evidentiary package. Subject, grade D plus. Returning to trespass property without written authorization is legally indefensible regardless of any other conduct during the visit. Her account of the earring shifted across the encounter from denial to admitting opening the package to contradictory explanations. Subject, Miranda rights without counsel, given her acknowledged prior law enforcement history, was a legally consequential decision. Mitigating, age 80, no resistance, cooperative throughout. Aggravating, prior theft at same location, documented recurring pattern. Sanctions from this encounter. Written trespass warning carries no automatic expiration. Return to banned property without written authorization is a criminal act. Detained by police, invoking Fifth Amendment silence and requesting counsel before speaking is always the legally protective choice. Escalation does not require permissiveness. A firm verbal directive is proportionate and sufficient for a compliant compliant non-resistant subject. To prevent it, must preserve documentation of all prior incidents. Prior acts evidence is only useful when it has been properly maintained. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Chief, thank you for watching.