can I at least call my mom to tell her she has my kid he has nothing to do with it he didn't know anything about it I'm about to go to jail no I shouldn't have did it this is why I should just tell people no cause now my life's ruined because I freaking said yes to her ON OCTOBER 1ST, 2023 A DOLLAR GENERAL STORE IN FLORIDA OPENED A FELONY THEFT CASE SHE WOULD BE CHARGED WITH FELONY GRAND THEFT A CRIME CARRYING UP TO FIVE YEARS IN PRISON BUT THE SENTENCE SHE ACTUALLY RECEIVED TELLS A VERY DIFFERENT STORY I've never been in trouble dude this is why I should just tell people no did you call okay you wanna come over here real quick with me um so is she in there right now yeah okay um so just give me a basis of what happened what's going on well I was watching some video footage on her and she's been stealing from my store so one of my employees and my loss prevention person is here right now I'm going over all of that with her and um okay so she's currently like semi detained yeah she's in the break room okay or in the office with him okay yeah all right um so what what do you have video footage of her doing fraudulent robux and a family member um she is ringing ringing but not ringing her out with three overflowing shopping carts in her hands she's sliding for for herself or somebody else uh for her grandmother oh for her grandmother OK OK um OK and she's confessed to stealing the sodas and doing other refunds cause what she does with the refunds she's refunding it it's not even her product she's taking it off the shelf and yeah pocketing the money okay okay um 50 and 300 and all kinds of money okay so how long is this this has been going on for about a week like a couple months cause we've watched a couple months yeah okay um it's like a night before last is when she did the full overflowing shopping carts and then the week prior to that she did the two quadrillion refunds okay we look back for her okay I'm gonna make a phone call real quick um and then I'm gonna go speak with her and then I'm gonna come speak with you again probably get some more in it just a couple more in depth details alright sound good yeah it's very overwhelming for me I bet alright just give me one second okay alright um and as far as like the video footage do you have it like saved he can pull all that up for you OK and he can give you all the paperwork as far as like the receipts and everything OK alright I'll be able to answer all your questions sounds good more than me I've been just trying to do my part and stay out I got you you're doing just fine same Fortune 17 hey sir how you doing good how are you good good I'm Carlos Stephanie through major AP manager okay so I got one of our employees here she we just finished conversation with her we've been doing refund fraud and she's been giving away merchandise to her boyfriend's grandmother okay most recent event happened two days ago where she allowed her boyfriend's grandmother to walk out of the store with approximately it was like $800 in three different time it was 300 300 200 roughly okay because she didn't ring all the merchandise up and allowed her to walk out without paying for it um I can show you a video how old are you I'm 22 this is the statement she wrote for me regarding okay all that this is the breakdown of the merchandise that we've agreed on okay it's my company paperwork right here I can make a copy of those if you need those oh yeah of course I'll make copies for you I got copies of transactions already printed for you sweet as well yeah and then you have the video footage of course I haven't burnt that yet okay but um I wanted to show show you I got you but yeah um I'll definitely need copies um that's all your copies I'll get it but not for you alright yeah of course stuff like this and then the transactions and yeah transaction things that you found out okay um so this is the refund fraud here 9 9 and she's been very cooperative she's been very honest with me and told me everything that is everything here so she has been cooperative can I at least call my mom to tell her she has my kid yeah I I can do that for you I can do that for you 9 9 16 38 so this is taking the merchandise I start taking the merchandise off the shelf and going up to the register and she was having was that pebbles Cheryl puppy pads and there's some pedigree and that one right there was $42.75 so she's keen and negative in there but is newer didn't know what the world was going on pebbles is newer it's yeah OK for sure which and she's the key holder and and that rang rang up at zero so no so she's cashing this out so she's minus 20 and whatever she's doing a refund and taking the cash so she takes the 42 75 here hmm okay that's the biggest concern I'll show you what it is here with the boyfriend's mother or grandmother sorry this is the grandmother she comes in here she starts picking up merchandise right I'm gonna fast forward to a couple things cause it's she's in here from 52 to 2011 okay um but yeah I'll show you down the laundry aisle where she starts loading some stuff up too zoom down that back aisle should be up here in a second this is where the high dollar Tide Pods and everything are first order up to the register she'll come sit down for a minute see all those Tide Pods and everything yeah let me see where's the for that whole buggy there she paid five dollars and eighteen cents for that this is one of three trips in that night in one night uh huh and I was on the 29th yes sir OK alright so I'm gonna do you a solid and handcuff you in the front OK but as of right now you are being placed under arrest OK oh my god UNDER FLORIDA STATUE 812.014 THEFT MEANS KNOWINGLY OBTAINING ANOTHER PERSON'S PROPERTY WITH INTENT TO DEPRIVE THEM OF IT THE VALUE OF THAT PROPERTY DETERMINES THE SEVERITY OF THE CHARGE PROPERTY WORTH BETWEEN $750 AND $20,000 IS GRAND THEFT IN THE THIRD DEGREE A FELONY THAT FELONY CARRIES UP TO FIVE YEARS IN PRISON OR PROBATION PLUS A FIVE THOUSAND DOLLAR FINE FLORIDA LAW DOES NOT REQUIRE ONE LARGE THEFT TO REACH THAT THRESHOLD UNDER STATUTE 812.012 (9)(c) MULTIPLE THEFTS CAN BE COMBINED INTO A SINGLE CHARGE THIS IS CALLED AGGREGATION AND IT APPLIES WHEN THE THEFTS FORM ONE CONTINUING SCHEME DOZENS OF SMALL FRAUDULENT REFUNDS ADDED TOGETHER CAN LEGALLY EQUAL ONE GRAND THEFT CHARGE HER POSITION AS A KEY HOLDER ALSO MATTERED LEGALLY NOT JUST OPERATIONALLY EMPLOYEES WITH ELEVATED ACCESS AND TRUST FACE HARSHER SCRUTINY WHEN THEY ABUSE THAT ACCESS COURTS OFTEN TREAT THIS AS AN AGGRAVATING FACTOR AT SENTENCING EVEN WITHOUT A SEPARATE CHARGE FOR IT NOW CONSIDER THE MOMENT SHE WAS DETAINED INSIDE THE STORE BEFORE POLICE ARRIVED STORE SECURITY IS A PRIVATE ACTOR NOT A GOVERNMENT AGENT THE FOURTH AMENDMENT RESTRICTS GOVERNMENT SEARCHES AND SEIZURES NOT PRIVATE LOSS PREVENTION TEAMS THAT DETENTION ALONE RAISED NO CONSTITUTIONAL ISSUE AS LONG AS IT STAYED REASONABLE IN SCOPE THE LEGAL PICTURE CHANGES THE INSTANT AN OFFICER SAYS THE WORDS YOU ARE UNDER ARREST FROM THAT POINT FORWARD ANY QUESTION ABOUT THE CRIME ITSELF REQUIRES MIRANDA WARNINGS 6 7:15 10:15 my finger is it okay if I call my mom mm hmm yes it's out there is it in the 10:15 you're good oh mom 10 15 white female yes sir I've never been in trouble dude um I'm I need to get a see if I can get a a flash drive I already got copies for you okay perfect I'll highlight what these things are okay sweet and i got the information yeah i got i don't even know y'all's phone numbers or anything okay perfect yeah no I shouldn't have did it this is why I should just tell people no cause now my life's ruined because I freaking said yes to her oh my god he has nothing to do with it he didn't know anything about it I'm about to go to jail I don't know where I'm going I don't know I I'm sitting in the office still I don't know I don't know is that legible for you can you read that oh yeah that's fine same with that yep OK deal mom I'll take those Band Aids I saw you use yesterday I'm so sorry Lorena um or at least grandma for yeah I got you um do you like probably not but you don't know her information yes sir okay I'll try and I'll try and get it from yeah I'll try and get it from Haley um but you are one of Haley's trespassers as well yeah okay alright yes so so before I leave I'll type up my warning and yes I'll give it to you so alright let's head out to the car alright dad I have to go alright bye bye I'll I'll be right back in a couple of seconds which which stuff is yours I think the front pocket has the the keys for the store okay are these it no no maybe it's in another big pocket and that's where my mom put it this yep I'm gonna walk so low look and then quickly I know they ask their own questions and what not um I'm gonna I'm gonna ask my own questions real quick um and of course I have to read you Miranda whether you whether you know it or not I still have to read it to you all right so you have the right to remain silent oh one second give me a second alright you have the right to remain silent anything you say can and will be used against you in the court of law you have the right to talk to a lawyer and have him present with you while you're being questioned if you cannot afford to hire a lawyer one will be appointed to represent you before any questioning if you wish you can decide at any time to execute these rights and not answer any statements or make any questions do you understand each of these rights I've explained to you okay having these rights in mind do you wish to talk to me now yes no okay um THIS COMES FROM MIRANDA VERSUS ARIZONA DECIDED IN 1966 BERKEMER V. MCCARTY LATER CLARIFIED THE LINE BRIEF INVESTIGATIVE QUESTIONS DO NOT REQUIRE MIRANDA BUT CUSTODIAL INTERROGATION DOES IN THIS CASE THE WARNING CAME EXACTLY WHERE THE LAW REQUIRES IT RIGHT BEFORE FORMAL QUESTIONING BEGAN THE OFFICER ALSO ASKED WHETHER SHE HAD BEEN THREATENED OR COERCED INTO CONFESSING UNDER LEGO VERSUS TUMI A CONFESSION MUST BE VOLUNTARY TO BE USED IN COURT so why why did you do it I did it because I was I'm easily persuaded that I'll just say that I'm easily persuaded times are tough right now yeah and I thought it would just be yeah so as far as like the merchandise and then the the money you were you refunding to yourself? yes um were you doing that for yourself or for family money I did for myself the other stuff I did for her like the merchandise yeah OK and with the with grandma it was it was planned for her to come in and no there was never a plan she would just come in and do it OK and then you just nonchalantly OK and then like roughly what time or like what month did you start um refunding yourself and like the merchandise the refunding just recently started at the start of this month OK or maybe last month yeah so like beginning of last month yes oh OK it hasn't been going on for like a year or something like that no no no no OK no no how how long have you been working here almost a year almost a year OK um have you ever been arrested before no no you ever even been pulled over I've been pulled over I've never been arrested OK okay so this is my first time being back of a car for handcuffs so I'm a little freaked out I got you I would be too but I mean what I did was completely wrong I understand that and hopefully it's a it's never gonna happen again hopefully it's a really good learning lesson it definitely is alright and it it's opening my eyes to stop messing with a lot of people yeah I would um and just so you know I mean like it's nothing personal the storm is pursuit charges that's out of my hands so I wouldn't be able to do anything as far as I guess you summon or something but um were you ever like threatened um if you didn't take it or anything like that or no sir no sir coerced anything like that no okay it was all voluntary I didn't um do you know your boyfriend's grandma's information no my boyfriend has nothing to do with this uh huh at all I got you um I'm just gonna ask for his information just just for the main fact on trying to get grandma's information that's it alright um so as far as like everything um no none of it was planned it was just here and there one of the times were planned but this recent time it was not planned she just walked in okay she continuously continued to walk in and I was just like I can't keep doing this you're gonna get me in trouble yeah and she just proceeded to keep doing it yeah okay that that was the night where it happened three times is when it wasn't planned yes okay and then what why'd she why'd she stop at three did you tell her like I can't keep doing this anymore or I was like I can't do this anymore you're gonna have to find somewhere else to go or go do it somewhere else because I can no longer partake in this stuff because I have a child to think about yeah and now what happened um I don't think I have any more questions right now if I have anything else I'll ask it but um just hit type for me one second I'm gonna go talk to Carlos again and then um I'll let you know what's going on alright ONE LEGAL QUESTION REMAINS UNRESOLVED THE IDENTITY OF THE WOMAN WHO WALKED OUT WITH UNPAID MERCHANDISE UNDER FLORIDA STATUTE 777.011 ANYONE WHO KNOWINGLY AIDS A THEFT CAN BE CHARGED AS A PRINCIPAL WITHOUT A CONFIRMED IDENTITY THAT CHARGE WAS NEVER FILED THIS IS A COMMON GAP IN RETAIL THEFT CASES INVOLVING A SECOND UNIDENTIFIED PARTICIPANT GRADING THE OFFICER B+ MIRANDA TIMING WAS CORRECT AND THE VOLUNTARINESS QUESTION STRENGTHENED THE CASE THE ONE GAP NO VISIBLE FOLLOW UP TO IDENTIFY OR LOCATE THE SECOND SUSPECT GRADING THE EMPLOYEE C+ FULL COOPERATION AND A CLEAN RECORD SUPPORT LENIENCY BUT A MONTH OF REPEATED FRAUD USING A POSITION OF TRUST IS NOT A SINGLE LAPSE IN JUDGMENT GRADING THE LOSS PREVENTION TEAM A MINUS EVIDENCE WAS ORGANIZED AND HANDED OVER CLEANLY WITH NO UNLAWFUL DETENTION THREE TAKEAWAYS CLOSE THIS ANALYSIS STARTING WITH THE NATURE OF REFUND FRAUD ITSELF REFUND FRAUD IS NOT A GREY AREA COURTS TREAT IT AS THEFT PLAIN AND SIMPLE SECOND REPEATED SMALL THEFTS ADD UP LEGALLY INTO ONE LARGE FELONY CHARGE OVER TIME THIRD COOPERATION AND A CLEAN RECORD CAN SUPPORT PROBATION BUT THEY DO NOT ERASE THE UNDERLYING CHARGE LET US KNOW WHAT CASE OR LEGAL TOPIC YOU WOULD LIKE ANALYZED NEXT IN THE COMMENTS BELOW THANK YOU FOR WATCHING AND DON'T FORGET TO SUBSCRIBE FOR MORE LEGAL BREAKDOWNS OF POLICE AND COURT INTERACTIONS