no pay for my stuff no you cannot sir why can't he gave me because I'm not stopping you okay so can I pay for my stuff okay so can I pay for it and that's why you've been stopped no we're beyond the point that you can't pay for it okay okay so what do you mean I'm at the point where I can't pay for it no you cannot pay for it no you cannot call him because you no I can't pay for it I gotta go home to my daughter are you serious man THREE REFUSALS ONE QUESTION CAN I PAY FOR IT NOW THE LEGAL ANSWER RUNS DEEPER THAN MOST PEOPLE REALIZE ON JANUARY 16TH, 2023 OFFICERS RESPONDED TO A WALMART SHOPLIFTING CALL IN THE UNITED STATES THIS ANALYSIS SKIPS THE PLAY BY PLAY BECAUSE THE PHRASE REPEATED MOST IN THIS FOOTAGE IS ILLEGAL MYTH WORTH DISMANTLING FIRST THE SUSPECT KEPT ASKING CAN I JUST PAY FOR IT NOW ONCE YOU PASS THE LAST POINT OF SALE WITH CONCEALED MERCHANDISE THE ANSWER IS NO how you doing you better come back inside the store for what what you mean come on now let's not play come back inside listen to my purse I just pay for everything what you mean what I pay for I came in your mom's socks so just go back inside the store so first unless you unless unless give me the purse bro don't start no I don't gotta grip me like that let go back up man OK stay right there unless you unless you want to be a part of the stop bro back up that's fine we'll go down this way sh*t I got money I got money I got money sitting right there sitting right there who said that hmm what's up ma'am I'm gonna go right to this door I'm gonna go in here you're not gonna tell me where to go you're not gonna step over here sir step back this way step over there I'm not I'm not detaining you sir please step over this way no pay for my stuff no you cannot sir why can't he gave me because I'm not stopping you okay so can I pay for my stuff sir i'mma have you step over here OK for my stuff ma'am you're gonna go you're gonna go into the office you're gonna wait here for her she's gonna come out to you OK what the just go on up bro let me see the bag bro it's cool excuse me problem no more problem I'll pay for my step inside there's a bench over there please have a seat you shut that door Lacy I I have a seat okay so have a seat I have a seat you want me to pay for some socks you want me to pay for some socks go ahead go ahead ain't nothing else in there for you okay ain't nothing else in there for you baby ain't nothing else do you have an ID no I don't you don't have an ID my house okay oh my sh*t my friend I'm gonna come here come feel y'all sh*t so I don't want my motherf*cking sh*t my receipt okay did you steal the socks but I took the socks up the socks was already open I said okay it's three socks there's no tag on it I'm standing at the register lady came back and she said go get another one so I did I stand and I put it in my bag and I showed him you scan you scan I was right there I was right there I was right there I was right there I was right there so this is this is gonna be on your receipt that you just had it's gonna be on my receipt I paid for it too you want me to pay for it no if you already paid for it i'mma get the receipt OK so who will get it it's over if I pay for it now no no no there's there's only it's either on the receipt or it's not on the receipt is it on the receipt it's not on my receipt because I watched you put it in your purse okay so you want me to pay for it I know you can pay for it at court no no no have a seat ma'am this is so ridiculous bro hello you're right just embarrassed yourself tell me why I'm at I'm at Walmart ma'am you're being stopped right now for shoplifting please hang up the phone OK stop why you have to stop them for what okay what you did is called shoplifting okay so can I pay for it and that's why you've been stopped no we're beyond the point that you can't pay for it okay okay so what do you mean I'm at the point where I can't pay for it exactly what I just said I can't pay for nothing ma'am please have a seat can I pay for my stuff please again please have a seat thank you no you cannot pay for it no you cannot call him because you no I can't pay for it I gotta go home to my daughter are you serious man okay listen I gotta go home baby OK did you understand that are you gonna let me talk or you gonna keep talking over me so no you can't pay for it because you already tried to steal it I never tried to steal it OK I promise you I never tried to steal it bro I can't can you open up a single 65 at the Walmart I have a female that's in the office can you start another one have a seat right here have a seat have a seat we're gonna be in the AP off of this um the boyfriend is outside knocking on the door stop we gotta stop please hey boss man back up off the door back up off the door dude back up what's up like I said back up what's up you're gonna end up going to jail man back up okay I'm trying to tell you man back up okay what you gonna do take me take me I'm trying to tell you back up I'm trying to give you the opportunity not to go to jail okay again back away from the door sir call you say I'm tough stay off bro yo we'll go ahead and detain him don't detain don't touch me bro don't touch me bro don't touch me bro don't touch me bro don't start don't touch me bro bro don't touch me bro bro don't touch me bro get back get back no no no no no no bro I swear to god don't touch me bro don't touch me bro bro don't touch me bro bro shut the f*ck up bro don't touch me bro bro I'm not I'm not resisting bro stop please I'm not resisting that's what that's what you're doing bro it's okay stop bro I got weed in my pocket bro my little pocket my little pocket I got weed a little weed in my pocket Kevin stop I got a little weed on me bro please bro this is b*llsh*t I'm straight I'm straight I'm straight I'm straight I'm straight I'm straight I got weed in my little pocket bro I got weed in my little pocket right here bro I got weed in my little pocket bro please please don't don't shake it don't shake it please he said please we don't have to go to the hospital you want to go to jail no well what happened well if you wouldn't have been acting like an idiot and listen to what I was telling you no you oh man I'm bad bro you didn't tell me nothing I told her crying I'm thinking she freaking out I don't know what's going on I'm hearing her cry that's all I'm hearing I wanna know what's going on that she stole some stuff I didn't know she stole nothing okay but I told you that she did you didn't tell me that you never told me that I did no you did right here at the store that's on camera told me that you didn't tell me nothing you said give her back to give her back the purse that's all you told me I never knew she took anything bro like come on bro I need that bro I don't hit that bro bro I'm still bro i'mma see Kevin just talk to me bro real sh*t bro you need to talk to me bro yes put your feet inside I'm gonna take you to the county you're going to jail put your feet inside put your feet inside put your feet inside sir no I don't put your feet inside Kevin put your feet inside the car okay could you do me at least one favor please bro what can you please get my girl number I thought you're going to jail that's it that's okay alright put your feet in the car I'll come back and talk to you alright please bro just talk to me bro I'm calm now here just take a seat take a seat over here okay oh my god we don't got nowhere to go I just I just got here so take a seat for me alright just take a seat for me alright breathe breathe THAT WAS NINE MINUTES OF LAW IN MOTION THREE DOCTRINES FROM WHAT YOU JUST SAW DESERVE SLOW CAREFUL ATTENTION RETAIL THEFT IS NOT CONSUMMATED AT CHECKOUT IT IS CONSUMMATED THE MOMENT MERCHANDISE IS CONCEALED WITH INTENT PAST THE REGISTER LINE UNDER MODEL PENAL CODE SECTION 2 23.2 MIRRORED ACROSS MOST STATE CODES CONCEALMENT PLUS INTENT EQUALS A COMPLETED OFFENSE OFFERING TO PAY AFTER DETENTION DOES NOT UNDO THE CRIME AND COURTS HAVE CONSISTENTLY REJECTED THIS AS A VALID LEGAL DEFENSE THE LAWFULNESS OF THE INITIAL STOP RESTS ON TERRY V. OHIO 1968 PERMITTING BRIEF DETENTION ON REASONABLE SUSPICION HERE THAT SUSPICION CAME DIRECTLY FROM A LOSS PREVENTION EMPLOYEE WHO WITNESSED THE CONCEALMENT AND A FIRST HAND CIVILIAN REPORT IS HIGH QUALITY PROBABLE CAUSE UNDER DEVIN PECK VERSUS ALFORD 2004 PROBABLE CAUSE IS JUDGED OBJECTIVELY NOT BY THE REASON AN OFFICER HAPPENS TO STATE OUT LOUD BEFORE OFFICERS ARRIVED THE STORE OPERATED UNDER SHOPKEEPER'S PRIVILEGE ALLOWING REASONABLE DETENTION PENDING LAW ENFORCEMENT RESPONSE AUTHORITY TO DIRECT THE SUSPECT TO SIT OR STEP ASIDE COMES FROM PENNSYLVANIA VERSUS MIMS 1977 WHEN THE BOYFRIEND REFUSED REPEATED COMMANDS TO STEP BACK FROM THE DOOR OFFICERS ESCALATED ALONG THE RECOGNIZED USE OF FORCE CONTINUUM THE CONTROLLING AUTHORITY IS GRAHAM V. CONNOR 1989 REQUIRING OBJECTIVE REASONABLENESS JUDGED FROM THE OFFICER'S PERSPECTIVE AT THE MOMENT OF DECISION G WEIGHS THREE FACTORS SEVERITY OF THE OFFENSE IMMEDIATE THREAT TO SAFETY AND ACTIVE RESISTANCE AT LEAST TWO CLEARLY APPLIED HERE BLOCKING A DOOR TO AN ACTIVE DETENTION WHILE IGNORING FIVE VERBAL WARNINGS CONSTITUTES ACTIVE RESISTANCE EVEN WITHOUT A PUNCH THROWN HIS WORDS I'M NOT RESISTING CARRY NO LEGAL WEIGHT WHEN PHYSICAL CONDUCT CONTRADICTS THEM COURTS FOLLOW BEHAVIOR NOT NARRATION THEN CAME THE MOST DAMAGING LEGAL MOMENT THE BOYFRIEND VOLUNTEERED WITHOUT BEING ASKED THAT HE POSSESSED A CONTROLLED SUBSTANCE UNDER RHODE ISLAND V. INNIS 1980 VOLUNTEERED STATEMENTS FALL OUTSIDE MIRANDA'S PROTECTION BECAUSE NO INTERROGATION OCCURRED ANYTHING A SUSPECT SAYS WITHOUT BEING QUESTIONED IS FULLY ADMISSIBLE AND THIS SINGLE PRINCIPLE CAUSES MORE AVOIDABLE CONVICTIONS THAN ANY OTHER OK please don't take him to jail I tried my best you know me we don't have nowhere to go do you have ID I don't have it with me okay I don't have it I don't do nothing bro that was you screaming I wasn't screaming was that you screaming I wasn't screaming that's right that's right I wasn't screaming you can't hear me you know we don't have nowhere to go alright what's your first name Brittany two teas or one tea Brittany what's your middle initial no not yet Brittany answer this question what's your what's your middle name answer the man question answer the man question middle name Brittany you gotta stop crying I can't hear you I really don't have nowhere to go OK you need to stop crying cut the b*llsh*t out answer the man question what is your middle name I just wanna go what is what is your last name please please please we're not we're not calling cause you're about to quick seconds been going to some cops and going to a cop cut the b*llsh*t out answer the man question what is your last name what you got oh stop looking I did nothing come on stand up since you didn't answer my question come on please please please please please please can I call my mom please no how about you answer the man question I did what was that my last hey Siri hey Siri please please please please please since you wanna see him b*llsh*t I'm gonna show you some b*llsh*t please sit down answer the man question OK OK I ain't got time for paperwork that's all I got to know OK last thing stop crying my last name is o R E s spell it please you know our situation I don't wanna know nothing I wanna hear you answer that man question I don't do nothing please I just wanna go home please you just try to make sure we have somewhere to sleep what's your social please oh please can you hear me I didn't take anything I'll pay for it please oh my goodness please don't pay for it please I'll pay for it please please please please please please please don't take my boyfriend to jail please I'm sorry I just needed some clothes I just needed some clothes I don't have nowhere to go I don't got nowhere to go you wanna run out there so she stops screaming on my mic that's why because I can't hear you please listen Brittany Brittany we don't got nowhere to go hey you gotta stop crying Brittany we don't owe you you're an adult right if you don't calm down you'll give yourself a panic attack we're homeless that's why we bought this tent okay so listen have I yelled at you or anything today right you did all the yelling right I never know he's an adult okay he made an adult decision what did he do I asked him to back away from the door what did he do please get out of here please please please that's all I got that's all I got please that's all I got I never took nothing from her I never took nothing that's all I took was some clothes I took some clothes that's all I need can I go for a ride please no please please please please please please please please can I go I gotta go to my brother please please hey can I please go please what's your middle name you don't got nowhere to go you don't got nowhere to go I understand we're young and it's cold outside we don't got nowhere to go please I never mean to say that I pay for everything else I pay for everything else please I pay for my kids I pay for a blanket please are those real Yeezys I don't have nowhere to go are those real Yeezys no we don't have nothing that's the only person that's gonna be there for me I'm the only person that's been there for me please please he does yeah please he can't do nothing he was just shot at him please good how are you we don't have nowhere to go OK we don't have nothing I'm cold I don't have clothes on OK I pay for everything else it's still not acceptable to steal from the store I'm sorry can I just pay for it it's up to Walmart it's not up to us can I just pay and we don't have nowhere to go we don't have nowhere to go that's why we bought those taste of those blankets please please for right now for right now you're just gonna sit there I don't know so OK no please I just wanna be able to call my people please I don't have no family I only have one person I can call please okay well I'm not calling anyone right now so I just wanted to get some socks I just wanted to get some socks please I don't have no clothes please please please please please please can I just go please please can I just leave no sorry to hear that but no you cannot leave I never took anything else I just took some songs I need a song still theft I'm going to jail I'm going to jail I don't have nothing whether we have somewhere to go home to or not is completely irrelevant because you both would have been leaving out of here today if he wouldn't have done what he did OK but you know he got roughed up because of the way you were acting initially he was feeding into the way you were acting because when you went and you put the stuff in your purse you did it in between the clothing rack over there right so necessarily he didn't see you do it but he saw you leave with the stuff and then you came back without it okay so I I've been dating people for a long time I know you probably been dating him for a while so I'm pretty sure that he knew that you stole the stuff it's it's neither here nor there right but however you should have told him when I stopped you at the door and I told you let's not do all this let's just go back inside right because I've been doing this for a long time so when I stop you I already know you have it I'm not gonna stop the wrong person and then I'm talking to you with common sense like let's just go back inside let's handle this cause I already know I'm just gonna give you a ticket and you're gonna go now in your case you have the warrant so you know there's really nothing that I can do per se but if we had went a different route you might have been able to walk out of here and go take care of the warrant on your own so I'm saying so that's fine but listen that's besides the point of what I'm talking about that's what other people are doing I'm talking about your behavior and his behavior I understand that okay but again that that so that situation with you all being homeless I understand that I was homeless too at one point when I was younger but that still doesn't change the fact of how you carried on in the store today that's what we're talking about right now okay oh we're at the store alright this one down there alright alright what's up going down here he's down here my sh*t too bad bro my sh*t too bad bro huh my sh*t too bad babe you hear me man your balls too hard my sh*t too big bro who uh whose car she wanted OK 200 who's taking him OK 200 you say you take them both together you're gonna write down on together okay so um she has a warrant um okay alright well I didn't know um the I'm sorry too bro I know I'm I'm really I'm sorry for that I appreciate that yeah I appreciate that he knows bro he this bro he the same one who pulled up bro when we was at over there area bro know that we homeless bro that was you come on bro that was you what we talk about what we talk about what we talk about what we talk about that was you that was you we're homeless and sh*t bro we don't got nowhere to go bro that sh*t what's up bro we trying to get some but well but you can stay over there with your mom no more tomorrow but you'll be straight trust me this way can I get in your car bro alright cool bro yeah uh he's he's gonna put you in his car oh sh*t hold on wait wait hold on wait hold on you're going in the same car you say you're gonna take them together yeah you wanna you don't wanna take that you so it's not that but normally our policy states that males and females get transported separately so that's why you wanna check her again before I put her in I don't know no I don't know yeah you're riding in the same car yes yeah that's what I'm talking about hold on one second OK have a seat just watch your head THE OFFICER JUST DELIVERED THE FIELD LESSON WHAT FOLLOWS IS THE COURTROOM VERSION INCLUDING A DOCTRINE HE ONLY TOUCHED ON ROUTINE BOOKING QUESTIONS LIKE NAME AND ADDRESS ARE ALSO EXEMPT FROM MIRANDA UNDER PENNSYLVANIA VERSUS MUNIZ 1990 FOR THE FEMALE SUSPECT AN OUTSTANDING WARRANT REMOVED OFFICER DISCRETION UNDER ATWATER V. LAGO VISTA 2001 CUSTODIAL ARREST WAS PERMISSIBLE HER DISCLOSURE OF HOMELESSNESS RAISES THE QUESTION OF A NECESSITY DEFENSE AND THE LEGAL ANSWER IS NO NECESSITY REQUIRES AN IMMINENT THREAT TO LIFE NO LAWFUL ALTERNATIVE AND A HARM AVOIDED THAT OUTWEIGHS THE HARM CAUSED SOCKS AND A BLANKET HOWEVER SYMPATHETIC DO NOT CLEAR THAT LEGAL BAR WHEN SHELTERS AND FOOD BANKS REMAIN ACCESSIBLE HOMELESSNESS MAY OPERATE AS A MITIGATING FACTOR AT SENTENCING BUT IT IS NOT A BAR TO PROSECUTION NOW THE GRADES THE OFFICERS EARN A B LAWFUL STOP FIVE VERBAL WARNINGS FORCE WITHIN THE CONTINUUM AND ONE SMALL ACT OF HUMANITY CAPTURED ON CAMERA THE FEMALE SUSPECT EARNS A C MINUS NO PHYSICAL RESISTANCE BUT OBSTRUCTIVE FROM THE OUTSET AND A PRE EXISTING WARRANT SHE CHOSE NOT TO RESOLVE THE MALE SUSPECT EARNS A D REPEATED NON COMPLIANCE ACTIVE RESISTANCE AND A SELF INCRIMINATION HE HANDED TO PROSECUTORS FOR FREE THE DEPARTMENT EARNS A B BASED ON VISIBLE POLICY COMPLIANCE AND CONTINUOUS BODY WORN CAMERA ACTIVATION THROUGHOUT THE INCIDENT FIVE SHORT LESSONS FOR ANYONE STOPPED BY POLICE DRAWN STRICTLY FROM THIS FOOTAGE FIRST SILENCE IS A RIGHT NOT AN INSULT VOLUNTEERED STATEMENTS ARE THE LEADING CAUSE OF AVOIDABLE CONVICTIONS IN THE UNITED STATES SECOND COOPERATION AT THE SCENE IS NEGOTIATED LEVERAGE AT THE CITATION STAGE AND PHYSICAL RESISTANCE FORFEITS THAT LEVERAGE ENTIRELY THIRD OFFERING TO PAY AFTER LEAVING THE REGISTER DOES NOT ERASE THEFT THE CRIME COMPLETES BEFORE YOU REACH THE EXIT DOOR FOURTH MITIGATING CIRCUMSTANCES BELONG IN A COURTROOM NOT IN A PARKING LOT ARGUMENT WITH AN OFFICER EXECUTING A WARRANT FIFTH THE PERSON RECORDING YOUR WORST MOMENT IS NOT YOUR OPPONENT BODY WORN CAMERA FOOTAGE IS NEUTRAL AND IT PROTECTS EVERYONE EQUALLY LET US KNOW IN THE COMMENTS WHICH INTERACTION OR LEGAL TOPIC YOU WOULD LIKE US TO ANALYZE NEXT THANK YOU FOR WATCHING AND DO NOT FORGET TO SUBSCRIBE TO OUR CHANNEL FOR MORE CONTENT ON POLICE COURT INTERACTIONS