no just the two of y'all just us who's that third lady I'm still not here answer the question listen to the question who's that third female on video no you did not scan anything she has a deodorant right here in her hand that she's just put in the bag right here was that you that we just watched on video yes was that you we just watched on video yes but you want to proceed with prosecution now yes correct okay THIS ANALYSIS COVERS A RETAIL LOSS PREVENTION STOP RECORDED ON JANUARY 8TH, 2023 AT AN UNDISCLOSED LOCATION BEFORE THE LEGAL ANALYSIS BEGINS ONE CLAIM MADE EARLY IN THIS RECORDING DESERVES A CORRECTION AN OFFICER TELLS THE SUBJECTS HE WILL RUN QUOTE FACIAL RECOGNITION TO CONFIRM THEIR IDENTITY THAT CLAIM OVERSTATES WHAT ACTUALLY HAPPENS NEXT A MANUAL COMPARISON AGAINST DRIVER'S LICENSE PHOTOS NOT BIOMETRIC TECHNOLOGY THAT DISTINCTION IS NOT JUST SEMANTIC IT AFFECTS HOW MUCH WEIGHT THIS IDENTIFICATION SHOULD CARRY FACIAL RECOGNITION SOFTWARE PRODUCES A STATISTICAL PROBABILITY MATCH A MANUAL PHOTO COMPARISON IS SIMPLE HUMAN JUDGEMENT COURTS AND LEGAL ANALYSTS TREAT THESE TWO METHODS VERY DIFFERENTLY WHEN EVALUATING RELIABILITY FACIAL RECOGNITION TECHNOLOGY ITSELF REMAINS LEGALLY UNSETTLED ACROSS DIFFERENT JURISDICTIONS SOME STATES RESTRICT ITS USE IN POLICING ENTIRELY OTHERS ALLOW IT WITH SPECIFIC SAFEGUARDS CALLING A MANUAL LOOK UP FACIAL RECOGNITION WHERE THERE'S A DEBATE THAT IS STILL ACTIVELY BEING LITIGATED WITH THAT CORRECTION MADE START WITH THE FOUNDATIONAL QUESTION EVERY STOP LIKE THIS RAISES WAS THIS ENCOUNTER A SEIZURE AT ALL IN THE CONSTITUTIONAL SENSE hi hey hey what's going on um so they just didn't scan all their items here um they didn't have their identification she just told me that she does have one out in her car now at first we didn't have ID um it's only $21 but we we thought that they were some people that had done it the previous day but she's saying that it's not her but I just want to make sure we got their correct ID we'll try these mine's in my car I can go get it Mine's all inside the house let me get your first and last name Alexa Walker yeah that yours first why can you spell after me y a N a y a N a her name is H E R N a m d E Z and what's your date of birth um 0 2 wait no O5 make sure you give me the right date of birth yeah don't lie I'm not OK 0 five 0 9 2003 I mean um 9 9 is it 9 or 2 9 sure yeah what's your phone number and then what's your first and last name Alex Walker a L E X I a L E X I yes Walker W a L K E R 5 9 2002 0 5 0 9 2002 yes and then what's a good phone number for you and then which one of you guys have came here and sold before I have too OK they said it wasn't him it wasn't them OK have you guys ever shoplifted before we know why it probably didn't go through today and she had to put her ID it must it was a mistake but like I said I'll pay for the items I don't have no problem with it yeah okay and then the items that we paid for yeah we did they kept coming over there scanning their thing what exactly did they take they take okay I don't have the receipt it was $21 and you have that receipt oh yes I have it in my car so they scan the vegetable oil they scan the cheese they didn't scan this juice right here um and they because they didn't scan it it came up as a mis-scan that's what they're saying so the girl had to come over and clear it so they cleared it out we thought that's why we thought she scanned it did she did y'all get it out did y'all get it out of the bag and scan it though you won't try to scan it again cause you thought it was empty so you were fortunately you don't have to get a birth certificate so you would have to get it out of the bag with the scanner cause we thought he scared you like when she swiped her card you're about to look like this Jana Hernandez 0 5 0 9 0 3 and Alexi Walker 0 5 0 9 2002 so they didn't scan that so again it came up as a missing so they're waiting on them to come over so the fries yeah so the fries and the juice Alexi Walker a L E X I Walker okay so they stand these and then they just don't stand that don't stand that don't stand that put it down and then they just okay do you remember see yourself doing that well I went to go to the bathroom okay but you you guys didn't scan it I didn't know okay so I don't want I mean it's only $21 so I don't I don't have to but like I said I can pay for it get further into the other the other instance cause they said that it wasn't them um but I do wanna get them barred I don't necessarily wanna prosecute for $21 though but I just wanted to make sure I got the paperwork okay oh no I'll go get that I got it okay have you guys ever been parked from Walmart no no the tropical punch the tropical punch for security also can you drop um a criminal history check for both the subjects so you're just thinking about borrowing them OK and you're you're you're checking to see if they have been if they ever been here before to talk to them um alright so basically um if they don't decide to prosecute um they're gonna bar you guys no matter what for a period of a blue two years and basically what that is is saying you can't come back to any not not just Walmart but anything on the property for a period of two years if you do um you're gonna go to jail OK um but I'm just making sure they don't wanna prosecute cause if they do prosecute then you're gonna go to jail alright thank you so this this is what you said that you um are working on property for a period of two years first it's simple you also put the pictures on the F drive can you spell your first last name can you just write your first last name on contact this is for the game oh OK I like it and I like it for the game thanks ah thank you like I am for every of them I have a what time does it start 8 it's like about half time when I get home I'll check out I like to watch the I'll be right back that's what I'm saying I'm gonna check the pictures in the dryer should I do that yeah is that them huh is that them I'm look I'm getting I'm look I'm getting the file open the pictures yeah oh no I didn't close this up I was getting there on criminal history did this man say that the criminal history is attached uh huh OK why we look at the pictures first no looking at the pictures how do you pull up the pictures yeah well I can't pull them here oh uh G C I C photo and picture why is it slow yeah it was it was slow when I was on pictures and ID driver's license photos should be up there so the first top seven right here is that them um you say right there I see um pictures no no no no I saw it's a top seven one of the top seven no look for it no it's here somewhere oh driver's license photo oh right here yeah alright um there she is I don't know I don't know OK that's her Ivana she told me her name was um Yana that's pronounced Yana then but it's I y a yeah she told me y and a she must have didn't tell me that I yana that's her okay so if one doesn't want to press charges but if they do have history of shoplifting I can still do it right yeah if they've been convicted if they are felons but yeah um I mean well there's a couple of ways to answer that question I mean if they're convicted felons or if they got multiple didn't she even drop in here she said she dropped it what the criminal history I didn't hear anything about criminal history but hey there what where you going force is essential can you drop both their phone off this reason after yeah I told her in a box um oh personally if Walmart does not want to process it there's no sense in even running it through the machine or what not yeah I'll be honest with you have you ever seen one of those yeah it's like really well the one I saw was really really long I guess cause that person had a long history jaywalk no you jaywalk all day long Los que le falta ja ja you know my life's probably get hit by a car jaywalking to all officers at Walmart told me I can jaywalk so I'm suing this man just walked I hope she knew that I was uh playing right yeah ha ha did it sound were you watching a video of the actual purchase yeah or I guess non purchase yeah did it seem like they were trying to steal it sounded based on what I by my interpretation of what went down inside that she they had somebody who was scanning the items for him yeah so for the first one for the first one it looked like they scanned the item but it like you know how when you do self checkout it says you put something in the cart so they scanned the item and they put it in the cart but it said that it that item that they put in the cart it didn't scan so they called then then the buzzer I guess ran ran for associate so it came she checked the item and then they put in the buggy and then after that the girl had I guess the fruit snacks and um the juice and she just handed it to her but I don't I don't know if it was her intention to scan it or she forgot so but the um skinny girl handed it to the more chubby girl she was like this and then just pass it to her but the chubby girl didn't scan it when she handed it she just put it in the bag so I don't know if it was her intention that she this is right after the girl left so I don't know if it was her intention to do that or I don't know if she did it by mistake but for the first one it looked like it was a a error on Walmart actually and then you say you know how to look for these things before it's convicted and what not yeah it's it's like I said at the same time I mean your former does not wanna prosecute yeah I'm gonna they don't wanna f*ck yeah alright just tell them now OK next next time give your full name it has your eye has an eye in your name um so you might want to put that down you behave man sorry it's in the front actually yeah I yeah um so you guys want to prosecute I don't um if uh yeah okay I wanna see if there these people they say they're not those people but I'll get Franco to use the facial recognition um if this is you I am gonna prosecute which you say it's not super hard thing to worry about but if this is then I will prosecute you um so yeah so I just need to find a witness so these people don't wanna hit you with the door look don't hit my toes I know right I wanna go home you said you have a picture of what appears to be both of them or one of them is that what you're saying so we it's right here you said something about if this is you yeah this is just from the other day and we have did you say that we didn't see anything on here on this one yeah well if this isn't you then is this you because I'm saying like I knew that I scanned this but so this is you that looks like you I knew that I scanned my stuff so it never said nothing about it so yeah because y'all just free back into the yeah no you did not scan anything she has a deodorant right here in her hand that she's just put in the bag right here cause we thought that we scanned these boots rang up as a T-shirt it's a purple phone case cause we thought we scammed it cause we had other boots that we had got and we brought them back um you have this deodorant in your hand I haven't I have it I was about to work on it and then they said all the people are here if you have that deodorant in your hand you can just spray it um what's the date on there this is the fourth don't be no it's just from the other day so the only thing that y'all scan out of all of this and then she just threw some there was one two three four five things there's no deodorant on here there's no we'll start from the beginning so um what did she what did she have in her hand who her yeah she had deodorant you gave she gave her the deodorant and I thought that she's scared cause they never say anything okay yeah it will be really hard to prove because the only fact is that she gave it to her so we have to find her so is this not you no no so do you know who these two people are no do you know who these two people are that you rode in the car with do you know who these two people are that you rode in the car with that's my cousin bro so you're saying that's not you if you're not gonna tell me who these people are then I will go ahead and prosecute you today I know their name is okay well then can you tell me who they are yeah okay I'll write it down okay are you gonna write their full correct name or you gonna write it like you wrote their name I'm not gonna write their name the full correct name I'm not sure if you're trying to be ornery I'm just trying to be honest hold up hold up hold up hold up hold up okay I'm impressed boss alright enough with the lie I just looked at the picture or whatever that video both people that I'm watching on that video or both of you guys stop lying but I didn't I'm not telling you I didn't speak knock it that's you right okay that's you as well so stop lying okay are we clear yes but I'm telling you that I'm not you I'm talking to you okay stop lying one more time was that you that we just watched on video yes was that you we just watched on video yes but you want to proceed with prosecution now yes correct okay but I didn't speak I'm feeling well I don't know about that she has all the year documents as far as she was concerned so if I knew it was that then I would have paid for that one yesterday and then for that one today and based off of that video they stole back then on the fourth right yeah the fourth cause like I said if that wasn't known then where is your car you said you came in the car yeah where is the car at on the other side so we get out of here make a right or a left new bottle raw not raw right now make a left what type of car you drive it's a Chevrolet a what a Chevrolet anybody in that car right now no just the two of y'all just us who's that third lady I'm still not here answer the question listen to the question who's that third female on video she's not in the car that no who is she what's her name you said you were about to write some names down right I don't know her name you just said you knew her she's not my friend I said it was your cousin what names are you gonna write but she's my cousin what names are you gonna write have we given you a pad and a pen to write the name of her friend I don't know her friend's full name okay write what you know okay and who's that third person on the video my friend what's your friend's name all I know I don't know her last name what's that friend's name that's my friend yeah I don't know her last name that's not my friend what's that friend's name her name is Maya Maya what I don't know her last name okay Chevy what it's a Chevy what Chevy Chevy what I don't know okay what color car is it it's black a black Chevy it's an SUV an SUV black SUV Chevrolet you know the tag no you wanna keep eye for a little bit yeah yeah because I'm being honest like I did not know that all this stuff would get seen if we would have known this thing would have went off and we thought it was good cause the thing went off yeah I just find it really um ironic that on the fourth you guys come here to Walmart this Walmart as you see yourself and um you basically did the same thing cause I don't wanna be prosecuted cause I'm being honest well the thing is you're a party to a crime but I'm telling you that I didn't know that this stuff didn't get scanned and I'm being so honest well if you didn't know it didn't get scanned you should have confirmed hey did you did you scan it we thought that we scanned it no I'm talking about the I'm talking about the four like you watched her I watch you watch her put you gave her deodorant you watch her not skin the deodorant you watch her put deodorant in the back how I don't know that she's been skinning she had it like that so I'm thinking you're literally watching her her face like this we just watched the video sir I'm being honest with you like I don't I don't know disrespect I don't know you but I'm being so honest with you yeah I don't know you either and I can and I can tell I can see what you're doing cause ma'am I do not want to get prosecuted well that's not up to you because I'm being so honest I thought I scanned all the stuff and just like today I will pay full money for the other stuff okay but did you pay for the other things cause I thought it was paid for okay well it looks like you guys are gonna get prosecuted so don't steal ma'am I'm just being honest I don't want to get prosecuted but I'm telling you if you can you can bar me you can go ahead and hang up hang up hang up hang up that phone now b*tch I'll call you later 4 60 please cause I do not want to be cause I'm being tip 4 alright who wants to go first stand up no can you can you please talk to me you can you no you sit down please you stand up Miss Beth please go ahead and stand up please I'm being so honest with you I did not know that this stuff was not skin I did not want to get prosecuted you can bar me, but I'm being so honest I told you honestly you lied to me several times no I told you to be honest you said that this was not me you sat here and lied to my face so that's why I said you need to tell the truth I was lying then I told you the truth after the police made you tell the truth no there's no Chevy Chevrolet I mean Chevrolet SUV out there yes it is I swear to god this key FOB this is Chevrolet so if I hit the button it'll open yeah alright you don't mind if I go ahead and check it out UNDER THE FOURTH AMENDMENT NOT EVERY POLICE INTERACTION COUNTS LEGALLY AS A SEIZURE A CONVERSATION BECOMES A SEIZURE ONLY WHEN A REASONABLE PERSON WOULD NO LONGER FEEL FREE TO LEAVE THAT THRESHOLD COMES FROM FLORIDA VERSUS BOSTIC DECIDED IN 1991 ONCE THAT THRESHOLD IS CROSSED AN OFFICER NEEDS MORE THAN A HUNCH TO KEEP QUESTIONING TERRY VERSUS OHIO DECIDED IN 1968 SETS THAT STANDARD REASONABLE ARTICULABLE SUSPICION A STORE'S REPORT OF AN UNSCANNED ITEM CAN SATISFY THAT STANDARD ON ITS OWN BUT REASONABLE SUSPICION IS NOT UNLIMITED IT MUST STAY TIED TO A SPECIFIC PERSON AND REPORT EXTENDING THAT SUSPICION TO A THIRD PERSON WHO WAS NEVER PRESENT REQUIRES ITS OWN INDEPENDENT BASIS SIMPLY BEING NAMED BY SOMEONE ALREADY UNDER SUSPICION IS GENERALLY NOT ENOUGH BY ITSELF REASONABLE SUSPICION ALSO LIMITS HOW LONG A STOP CAN REASONABLY LAST RODRIGUEZ VERSUS UNITED STATES DECIDED IN 2015 HELD THAT UNRELATED INQUIRIES CANNOT UNREASONABLY EXTEND A STOP RUNNING A FULL CRIMINAL HISTORY CHECK ON BOTH SUBJECTS RAISES EXACTLY THAT DURATION QUESTION IF THAT CHECK SERVED THE ORIGINAL PURPOSE IT IS DEFENSIBLE IF IT WENT FURTHER IT IS NOT DURATION IS NOT THE ONLY LIMITING FACTOR VOLUNTARINESS MATTERS JUST AS MUCH SEPARATELY COURTS EXAMINE WHETHER IDENTIFICATION AND FURTHER QUESTIONING WERE TRULY VOLUNTARY CONSENT GIVEN WHILE SEVERAL OFFICERS AND STORE STAFF SURROUND SOMEONE CARRIES LESS WEIGHT THAN CONSENT GIVEN FREELY NONE OF THAT ALONE MAKES CONSENT INVALID BUT IT IS A FACTOR COURTS WEIGH THE PHOTO IDENTIFICATION PROCESS ITSELF HAS ITS OWN LEGAL STANDARD TO MEET NEAL VERSUS BIGGERS DECIDED IN 1972 ASKS WHETHER AN IDENTIFICATION PROCEDURE WAS UNNECESSARILY SUGGESTIVE SHOWING A SINGLE PHOTO AND ASKING QUOTE IS THIS YOU IS A TEXTBOOK EXAMPLE OF A SUGGESTIVE PROCEDURE THAT DOES NOT MAKE THE IDENTIFICATION WORTHLESS BUT IT DOES MAKE IT LEGALLY WEAKER THE NEXT LEGAL QUESTION IS WHEN THIS STOP SHIFTED FROM INVESTIGATIVE TO CUSTODIAL THAT SHIFT IS WHAT CONTROLS WHETHER MIRANDA WARNINGS WERE LEGALLY REQUIRED AT THAT POINT MIRANDA VERSUS ARIZONA DECIDED IN 1966 APPLIES ONCE SOMEONE IS IN CUSTODY AND BEING INTERROGATED IN THIS RECORDING ONE SUBJECT IS TOLD THAT PROSECUTION WILL FOLLOW DEPENDING ON HER ANSWER THAT KIND OF CONDITIONAL STATEMENT FUNCTIONS AS REAL PRESSURE EVEN WITHOUT RAISED VOICES IF A REASONABLE PERSON IN THAT POSITION WOULD NOT FEEL FREE TO LEAVE MIRANDA CONCERNS ARISE NO WARNING IS AUDIBLE ON THE RECORDING BEFORE THAT EXCHANGE TAKES PLACE THIS DOES NOT AUTOMATICALLY MAKE THE STATEMENTS INADMISSIBLE BUT IT IS A GENUINE LEGAL VULNERABILITY you can stand up I'm telling you to stand up just cooperate please you don't want to make this harder than what it has to be please ma'am like I'm so for real I never did none of this please like I'm being so Miss Fernanda stand up you need to do what he's saying can you please miss Fernanda stand up please can I get a call can I call my daddy or somebody cause I can you can work something out if you just cooperate because I never if you want to if you don't want to cooperate if you want to resist because I don't want nobody to know nothing about this cause I'm being so honest I ain't never did nothing man what do you mean in and out like the yeah the longer you you take the longer like I'm being so for real like I was not please OK just understand that this is happening OK just stand up cooperate and that's all but I'm being for real like I did not know you come on stand up please come on just stand up no don't look sweetheart don't don't do all of that you guys gotta do better I did not know that she didn't do that can you please listen please you can explain it to the girls and then this is not a joke this is very serious and I'm being for real I didn't know don't resist don't resist and I'm telling you stop resisting stop resisting do what he's asking when you get to where he got to take you to the jail then you call your parents to come and get you you have your time to tell the judge but don't make it worse than what it's already is because I'm because every little bit that y'all do you you you standing right there looking at her I thought she stand it ma'am come on come on like I don't do this look you old enough to be my child I'm old enough to be your mother plus your grandmother don't do that shut up stop the phone you told me get out of here left by the rainbow it's actually on the right side that's why I couldn't find it I thought it was over there by the rainbow cause we thought the other door was closed I'm not lying to y'all you know you was going out unless you came from I didn't see that that's why this is what stop with that attitude no because y'all y'all not understand just went out the door over there but you told him he was over here don't make it worse I'm not making it worse y'all not listening I'm telling you like I did not know this stuff was yeah we'll get your phone and all your stuff when we come back but walking to the car how old are you how old are you right right how old are you how old are you I'm 19 alright I'm being so serious face 9 1 1 face face 9 1 1 you face 9 1 2 I'll pat you down real quickly anything that's gonna put me is gonna hurt me just change check your back pocket I don't know if you can see nope I got a Turkey just try to scoot all the way to the um right side nothing in your nothing in your bra no I don't have no bra all right you can have a seat I guess they don't realize that well that's crazy we thought it'd be easy for you can we get a uh itemized Bill of the uh not of the one on the fourth not okay um I can is there anyway you can give us one what I'm sure anyway you can give us one or I mean if you give me just a minute yeah OK so it we have to find the stuff yeah well I mean that so those will be I guess missing items that are stolen and not recovered I guess yeah sure yeah what what are these things cause I saw a shoe and a purse and but the shoe was scanned not as shoes that's the shoes were scanned as something else what kind of shoes I saw the face of the boots she was she was are we talking on the phone yeah OK that's yours OK she didn't scan the deodorant she scanned the boots as a T-shirt um this is what was stolen black today yeah no I think it's a red so no she don't have them on she don't have them on today so we're talking about a different day so that's Kool Aid Kool Aid gushers obviously Welch's juice um that was a six pack oh no that's the Welch's um gummies that's the Welch's six pack of gummies and that's seasoned um fries you're gonna get September 2199 in the car OK in the back seat I saw a red shoe tennis shoe and a purse so those are not included on the floor yeah okay this girl just put I don't know what that is um yeah just give this officer everything you need and then cause I gotta keep watch on them okay and then on the fourth she sees a deodorant I got you sir thank you on the fourth she saw deodorant this one her yeah yeah well I mean she was with them when they did all this other stuff okay so you know she just came here for a while and you guys don't care about her car being parked at the alright yeah okay thank you so then I don't know what this is huh you know what this is that looks like I have some for some don't yeah yeah and now I have to go and see then I have to find the boots but then I don't know what it would take me a minute to find out all these clothes if y'all if you want to just take this one we would get with Detective Franco about and just sign warrants yeah OK take it and OK and do all that for us that way you don't have to hang out any longer with them out there alright yeah so yeah um I'll prosecute for them for this today and then I'll I'll also email Frank and let him know that both of them get you guys are gonna be in contact and sign a warrant um and nearby cool did he get the little girl phone yeah OK yeah and then if you can get her last name Mia OK yeah get her real last name yeah she didn't give him her her whole name then with the birthday she started out with the birthday yeah he looks so happy literally just made something so easy just so hard yeah um so this is your phone number right if I when I get it I'll contact you yep no problem thank you yeah no problem do you have a case number oh yeah hold on let me give you this I was like this isn't you doesn't look like your eyelashes right there hahaha it's funny how the small ones always be the worst ones and then she tried to get a little stuff on my seat right there oh what do we need to do with your stuff oh what you want to do with the stuff that you pay for sir um they pay for that yes sir yeah I mean there's nothing perishable in there um it's all boxes I'll be asking if they want it they don't then do you want we can just read it's a Walmart pay visa so we can just read to that if they want to OK I'll let them know you guys are just gonna refund it you want me to do that yeah come on 4 600 grab last four there you go thank you so much yeah no problem anytime what's your name um muid m U I d yeah yep alright see you guys on the next one OK what hahaha it's gonna happen here's here's both their phones and wallet phone wallet um Walmart is going to refund you your money for the things you brought today okay um also Walmart is only prosecuting for the charges that you guys they're prosecuting for the things you guys stole today um they're going to be signing warrants and getting in contact with a detective for the things you guys stole on the fourth you clear and they're gonna try to figure out who Mia is you got you got a few dollars you know that yeah do the uh what is it Mama yeah just do the um the face sheet real quick dispatch has been updated and then once we get to the jail no that's it for the case is a sergeant sent an email about that today or yesterday or today same thing with the nope I gotta open up another ABR because there's two of them no it's just one ABR both of which you're doing to me OK I'm gonna do the same ABR OK and then yeah that's good and once you get to that saddle port then you fill out I'll fill it out alright you know what they've been charged with yeah the push up alright let's go four state central be route to 6,000 strong mileage 1 1 4 6 6 5 2 females oh yeah Walmart also said on um when when when you guys get released you can come pick up your cars and then after that day you pick up your car you can't come back to Walmart for a period of two years does anyone else drive your car Miss Hernandez the who your daddy okay well I would I would suggest that you have someone else come get the car cause um if somebody let's say another officer recognizes you that you've been barred from the property and then you show back up over here you know I would recommend that you have someone else come pick up the car at Walmart's property because you are bored f*cking foot on there I don't want there to be any misunderstanding you know what I'm saying I know this officer just said that uh Walmart has given you permission to step on the property retake possession of your car and then remove yourself from the property and then you would be barred but this is information that only us 4 knows about what if another officer sees you there knowing that you're barred he may put the handcuffs on you without knowing what the deal is with Walmart so that's why I would recommend you have someone else do it for you hope hopefully this is a valuable lesson for you girls and again it's a misdemeanor could have been worse try to see the positive side of this yes it's bad y'all going to jail but again you guys will be bonded out that it's a misdemeanor charge what is it 20 21 bucks yeah so yeah it's a 21 dollar charge I mean it's a misdemeanor amount so how much is it the what what was the what was the bun the bun oh I don't know they said bun at the jail I mean once you get there you can ask them they'll let you know we don't know these guys okay so what we once we post bond we're in custody for three days yes yeah you'll be able to make a phone call and have somebody come pick you up within I don't know two to four hours and ONCE SOMEONE IS ACTUALLY TAKEN INTO CUSTODY DIFFERENT RULES ABOUT PROPERTY AND PROCESS APPLY OFFICERS MAY INVENTORY PERSONAL PROPERTY AT THAT POINT WITHOUT A SEPARATE SEARCH WARRANT ILLINOIS VERSUS LAFAYETTE DECIDED IN 1983 UPHOLDS THIS BOOKING INVENTORY AS A RECOGNIZED EXCEPTION THAT EXCEPTION EXISTS TO PROTECT BOTH THE DEPARTMENT AND THE PERSON IN CUSTODY FROM LATER DISPUTES PROCESS ALSO HAS TO REMAIN NEUTRAL WHICH RAISES ONE MORE ISSUE FROM THIS FOOTAGE ONE MOMENT DURING BOOKING ASKS A SUBJECT DIRECTLY ABOUT HER RACE RACE NEUTRAL PROCESSING IS A BASIC EQUAL PROTECTION PRINCIPLE EVEN WHEN THE QUESTION SEEMS ADMINISTRATIVE META PRACTICE TIES ANY SUCH QUESTION TO A SPECIFIC DOCUMENTED ADMINISTRATIVE NEED STATED CLEARLY ON THE RECORD WHEN ANY OF THESE SAFEGUARDS FAIL THERE CAN BE REAL LEGAL CONSEQUENCES AFTERWARD IF ANY PART OF THIS STOP EXCEEDED ITS LAWFUL SCOPE CIVIL LIABILITY CAN FOLLOW SECTION 1983 ALLOWS A CLAIM AGAINST AN OFFICER FOR VIOLATING CLEARLY ESTABLISHED CONSTITUTIONAL RIGHTS THAT THRESHOLD IS HIGH BUT AN UNWARNED CUSTODY A JASON STATEMENT IS EXACTLY THE KIND OF FACT PATTERN THAT GETS TESTED THERE IS ALSO A DIFFERENCE BETWEEN CIVIL CONSEQUENCES AND CRIMINAL CHARGES THAT OFTEN GETS BLURRED A RETAILER CAN BAR SOMEONE FROM ITS PROPERTY AS A PRIVATE CIVIL DECISION THAT BAR DOES NOT REQUIRE PROOF BEYOND A REASONABLE DOUBT AND IT IS NOT A CONVICTION CRIMINAL PROSECUTION IS A SEPARATE DECISION ENTIRELY TYPICALLY RESTING WITH THE RETAILER AND A PROSECUTOR CONFLATING THE TWO CAN MAKE A CIVIL CONSEQUENCE SOUND LIKE AN ADMISSION OF GUILT IT IS NOT ONCE HANDCUFFS ARE USED THE STANDARD SHIFTS TO THE REASONABLENESS TEST FROM GRAHAM VERSUS CONNER THAT CASE DECIDED IN 1989 ASKED WHETHER FORCE USED WAS OBJECTIVELY REASONABLE AT THE TIME HANDCUFFING ALONE WITHOUT ADDITIONAL FORCE GENERALLY FALLS WITHIN THAT REASONABLE RANGE FOR A LAWFUL ARREST THE RELEVANT QUESTION IS NOT WHETHER RESTRAINT WAS USED BUT WHETHER IT WAS PROPORTIONATE STEPPING BACK ONE PRINCIPLE TIES EVERY STANDARD MENTIONED SO FAR TOGETHER THE TOTALITY OF THE CIRCUMSTANCES NO SINGLE FACT DECIDES THE OUTCOME COURTS WEIGH THE FULL CONTEXT TOGETHER THAT IS WHY IDENTICAL ACTIONS CAN BE LAWFUL IN ONE STOP AND UNLAWFUL IN ANOTHER THESE STANDARDS INTERACT THROUGHOUT THE ENCOUNTER FROM THE FIRST QUESTION TO THE FINAL BOOKING STEP EACH ONE POINTS TO A DIFFERENT MOMENT WHERE THE LEGAL ANALYSIS COULD SHIFT NONE OF THEM ALONE DECIDES WHETHER ANY RESULTING CHARGES WOULD HOLD UP IN COURT THAT DETERMINATION DEPENDS ON FACTS OUTSIDE THIS RECORDING INCLUDING JURISDICTION AND THE RETAILER'S FINAL DECISION go back in the back what do you mean go back in the back well I again I I don't know hey what you got I have two females two females yes ma'am that's one of course it's a central I'm at 600 in the mileage 1 1 4 6 6 7 dispatch has been updated hey what did you say babe um spirit nah uh Minneapolis felon man huh spirit goes a felon oh crap yeah state court state yeah I don't know why alright I'm the one and I should attack the whole thing I don't know make sure it's not missed tomorrow yeah how I gotta do another one yeah oh you looking for an ad button yeah no no there's both under the same cage but now you're done with that one submit and then well I'm gonna show you just that and then I'm gonna send it to booking and then you're all you're doing is uh you did something funky I'm coming but the other's name and replace it there is it oh yeah print oh f*ck yeah I forgot that oh I see what you talking about instead of doing that just hit that up button make it to I won't be able to do anything until this thing is clear out until it's 10 feet now you ladies don't have any um contraband or any hidden weapons on you now right alright we don't wanna go inside with any of those stuff now otherwise we're looking at a felony uh huh yeah one second we're just doing filling out this paperwork real quick uh should take about uh give us less than three minutes finish up and close tonight we're going to holiday I don't think I oh yeah I did I thought I didn't oh no actually Alexi are you Hispanic am I what are you Hispanic no I'm black okay I just wanted to make sure and that's it i'mma open that door for you OK can you put my pants up yeah one second you set your pants uh huh that's good where's our nuggets where's our nuggets come on please go on you coming oh no that's um yeah can I call my mom ah once you get inside I like to make a phone call so they told us that out there yeah but once we're in here oh they control everything in here okay can I take this off once we they're gonna take the handles off once we um getting tight oh OK yeah is it too tight yes I cannot loose it just keep your arm still that's the board so you don't know who that Mary girl is no how do you know her huh how do you know her she's just a friend where where did you guys like pick her up from hmm where'd you guys pick her up from oh no she was hanging out with us when how long you know her I mean a couple years you don't know her last name you know Walmart just wants to identify her because she was involved in the shoplifting with you guys so on the floor Alexa Walker no besides my phone no I got that that um person stuff for my twins I got the iPhone 12 Pro Max is that mine is my money in the purse that's her purse that's her purse yeah I heard call and what not and you want to take it to the state court in a school OK what does that mean you doing better huh you doing better for y'all oh OK but I thought it's usually state court you know how to try to keep folks with misdemeanor offenses out of the uh oh out of jail and what not I just had they had not had priors on the fourth for example you know that means that big book yeah so that means yeah and so we were going that route and then fill out that paperwork and then what are you guys gonna do with it and give a court date to appear on and then of course if they fail to appear on that court date and I won't be sought for their arrest and what not how long is the process with them um looking and getting a bond is it possible to get a bond tonight and get out tonight yes you will get out tonight oh OK yeah I don't know I'm just gonna see right now it's 9:32 my prediction is probably by midnight I should be not here okay so alright should be no more than four hours okay cause I don't see anybody in here so it's not like it's four hours so I wish I would have asked to call before I got here huh I wish I would have asked to use the phone before I got here you can get go on Jamaica I heard that you see that some don't know stripes and you just stay in the outside no I had them temporarily though you still get it back all be long temporarily I was helping out some folks and what not they needed my help so OK you go get them back with that big old check big old chair I don't know about big it's a chair but I don't know it's big WITH THE LEGAL FRAMEWORK ESTABLISHED HERE IS HOW EACH PARTY IN THIS ENCOUNTER IS GRADED THE RESPONDING OFFICER RECEIVES A GRADE OF C+ FOR HIS HANDLING OF THIS STOP HIS TONE STAYED CALM AND PROFESSIONAL FOR NEARLY AN HOUR WHICH IS A GENUINE STRENGTH HE ALSO CORRECTLY EXPLAINED THE DIFFERENCE BETWEEN A CIVIL TRESPASS BAR AND A CRIMINAL CHARGE HOWEVER DESCRIBING A MANUAL PHOTO LOOKUP AS FACIAL RECOGNITION OVERSTATED THAT IDENTIFICATION'S RELIABILITY AND A CONDITIONAL THREAT OF PROSECUTION MADE BEFORE ANY RIGHTS ADVISEMENT SITS IN UNCERTAIN LEGAL TERRITORY OVERALL HIS HANDLING REFLECTS THE STANDARDS DISCUSSED ABOVE SOLID TACTICS SOFTER LEGAL FOOTING THOSE TWO ISSUES ARE THE MAIN REASON THIS GRADE IS NOT HIGHER THE FIRST SUBJECT RECEIVES A GRADE OF B MINUS FOR HER ROLE IN THIS STOP SHE STAYED COOPERATIVE AND NON CONFRONTATIONAL THROUGHOUT WHICH REDUCED THE RISK OF ESCALATION BUT SHE GAVE INCONSISTENT DETAILS EARLY ON AND WAS INITIALLY EVASIVE ABOUT A THIRD PARTY THAT EVASIVENESS LIKELY EXTENDED THE LENGTH AND INTENSITY OF HER OWN QUESTIONING HER CASE ILLUSTRATES HOW THE INTERROGATION TRIGGER AND VOLUNTARINESS QUESTIONS INTERSECT IN A SINGLE EXCHANGE THE SECOND SUBJECT RECEIVES A GRADE OF B FOR HER CONDUCT DURING THIS STOP SHE ANSWERED IDENTITY QUESTIONS DIRECTLY AND COMPLIED FULLY DURING HANDCUFFING AND TRANSPORT NOTHING IN THE AVAILABLE FOOTAGE GIVES REASON TO LOWER THIS GRADE HER CASE IS A STRAIGHTFORWARD COMPLIANCE SCENARIO WITHOUT THE SAME LEGAL COMPLICATIONS AS THE INTERROGATION EXCHANGE BEFORE CLOSING HERE ARE FOUR PRACTICAL LESSONS FROM THIS ENCOUNTER FIRST A REQUEST FOR IDENTIFICATION DOES NOT REQUIRE IMMEDIATE COMPLIANCE BUT REFUSING OUTRIGHT CAN EXTEND A STOP SECOND ONCE AN OFFICER TIES A SPECIFIC CONSEQUENCE TO YOUR NEXT ANSWER PAY CLOSE ATTENTION THAT IS EXACTLY THE MOMENT WHEN INVOKING YOUR RIGHT TO REMAIN SILENT MATTERS MOST THIRD A STORE BARRING SOMEONE FROM ITS PROPERTY IS A CIVIL DECISION NOT PROOF OF A CRIME THOSE TWO THINGS SHOULD NEVER BE TREATED AS THE SAME THING FOURTH WHEN OFFICERS EXTEND A STOP TO CHECK UNRELATED RECORDS ASK DIRECTLY WHETHER YOU ARE STILL BEING DETAINED THESE PRINCIPLES ARE NOT UNIQUE TO THIS INCIDENT THEY APPLY ANYTIME A ROUTINE STOP ESCALATES LET US KNOW IF THERE IS AN INTERACTION OR LEGAL TOPIC YOU WOULD LIKE US TO DISCUSS BELOW THANK YOU FOR WATCHING AND DON'T FORGET TO SUBSCRIBE FOR MORE ANALYSIS OF POLICE COURT INTERACTIONS