you don't work I do where you work I just started working at Memorial what you do there I'm a registered nurse at Memorial the front the er yes you know you know what party to a crime is please help me please I swear APRIL 8TH 2023 A RETAIL STORE IN THE STATE OF GEORGIA UNITED STATES THE SUBJECT ON BODY WORN CAMERA IS A 21 YEAR OLD REGISTERED NURSE NEWLY HIRED AT A HOSPITAL EMERGENCY ROOM THE SAME HANDS TRAINED TO SAVE LIVES ARE BEING PLACED BEHIND HER BACK IN HANDCUFFS yeah I'm sorry you know what time it is come on stop playing with me what are you talking about put this down for me for what put this for what listen I'm trying to be nice I have you on camera don't resist I have a receipt it's fine I know you got a receipt you're on the phone with your girl why don't resist me this is extra charges this is extra charge you know that right I know you're out with your friends this is extra charge I'm by myself listen can I please it's too late I gave you a chance you kept looking at me no I wasn't the whole time you and your friends that's outside right now there's nobody outside listen you gotta play me for food I don't I do this all the time turn around put your hands on your back for me can I put my phone just put it right here for me right there why you you see me all day and you decide to do this you should just walked out the store all day you kept looking and walking on the store come back here now I'll try to help you out man I'll try to help you out all the time doing this stuff can I call my mom please can I call my mom you now you want your mom now I said can I call sit right here for me I mean literally you looked at me the whole time and you should have yeah you did you know what you were doing I saw you in the polo section you and your girl your your girl stole too that wasn't can I get a warning a warning and if they say so how you gonna let them go and not me listen you you start to resist them too oh okay can I talk yeah I'm glad you talk I'm not being rude to you now I literally watched you the whole time and I'm like I hope this girl don't do this she's messing up her own kind hey where did you get that bag I had it here I've been here early and I bought some did you did you steal stuff earlier no I did not the girl that you were with with the big sack did she have oh she did she didn't even take anything she just walked out you wanna you wanna know something let me get my stuff well could I just pay for it please I don't care it's your it's it's I let I'm letting you talk what could I pay for it they don't they don't do the people still all the time cause we would have got away this would have been stuff they lost and they would have to put the Bill could I pay for it I promise I wish I can work with you I wish let me take this off you can I call my mom again I'm still on the phone you're on the phone with your friend still yes she in here could I call my mom me and others damn y'all was on a damn group thing with each other y'all y'all came out with a little mission going on I wasn't my birthday was on the other line can I call my mom give me one second you gotta give me one second ain't no rush to do this girl you still you still getting locked up I'm trying to you should the whole time you should never you saw me I literally saw you we said hi to you and a couple of your friends I wish I can I'm just doing a job I can't do nothing OK listen I'll take you to the car and let me go I try to look out for you the whole time I when I was standing right there I was just like please don't do this please don't do this please don't do this I can't I can't I'm sorry I'm sorry I can't cause they they're pressing charges not us okay they're pressing charges but can you just say listen honestly if it's not if it's not over $500 you won't get released anyway today but if it's not you're gonna go to jail so hopefully it's under 500 so but I just I will pay for it I don't care somebody coming for me I swear I will mobile 6 2 4 4 2 we'll see where you from I'm from here how many times you've been arrested before no listen I'm trying to work it out with you your friends took stuff man that's they didn't I swear no your friends I put this on god she saw no she saw you standing right there she did not take so that's that's my thing I heard you on that listen you guys you guys are not the first people to do this all the time like please don't do this especially I get mad when that happens I'm like why they come here messing up making us look bad oh my god hey John can you sit right here for me I'm gonna I gotta get some paperwork yeah thank you sir yeah so next time when you see cops around already know we already know what's going on just drop and try some to go in this store or something I hate doing paperwork you make me do paperwork right now 500 I won't go well I was I was looking for your friends and we got everything back you know what I mean but it's not over 500 I know but the stuff with your friends have too they don't that's don't have nothing to do with me but all y'all so it all that's all part of the crown it's not all in the same car though that's I'm not I'm listening I ain't trying to get you mad I'm just letting you know how I'm just letting you know how stuff go you know what I'm saying I I'm just I'm just doing my job I'm asking you though and I'm not I'm just telling you but you said my stuff you know you know what party to a crime is no that's not party to a crime and we're not all in the same car no no no but you all came here as a group together for the plan how I walk you guys are by myself yeah but you guys on the phone with each other like like I said this I ain't trying to be rude but this is the first Rodeo we doing this stuff how do you I'm sitting here telling you all y'all came in together as a plan that's why that's that's why you told me your friend put this up now she saw me right THIS CASE TURNS ON FOUR DISTINCT LEGAL DOCTRINES EACH CARRYING ITS OWN SET OF CONSEQUENCES FIRST AUTHORITY AN OFF DUTY OFFICER WORKING PRIVATE SECURITY OCCUPIES A HYBRID LEGAL ROLE GEORGIA'S COURT OF APPEALS RULED IN PAGE V. CFJ PROPERTIES 2003 THAT ARRESTING A SHOPLIFTER WHILE EMPLOYED AS PRIVATE SECURITY STILL CONSTITUTES OFFICIAL POLICE DUTIES FULL FOURTH AMENDMENT PROTECTIONS ATTACHED ANY MISSTEP EXPOSES BOTH PARTIES TO FEDERAL CIVIL LIABILITY SECOND DETENTION GEORGIA CODE SECTION § 51-7-60 CODIFIES THE MERCHANT'S PRIVILEGE IT GRANTS CIVIL IMMUNITY FOR REASONABLE DETENTION OF A PERSON SUSPECTED OF SHOPLIFTING ON REASONABLE CAUSE DIRECT SURVEILLANCE OBSERVATION EXCEEDS THAT STANDARD REACHING THE PROBABLE CAUSE REQUIRED FOR A FORMAL ARREST THIRD EXPANDED LIABILITY THE DETECTIVE EXPLICITLY INVOKES PARTY TO A CRIME GEORGIA CODE SECTION § 16-2-20 DEFINES EVERY PERSON CONCERNED IN A CRIME AS A PARTY THERE TOO COORDINATED ENTRY SHARED COMMUNICATION AND A COMMON PLAN CAN SATISFY THE SHARED CRIMINAL INTENT ELEMENT ACCOMPLICES WHO NEVER PHYSICALLY TOOK AN ITEM MAY STILL FACE IDENTICAL CHARGES UNDER THIS DOCTRINE but see she see I'm trying to help you out but you're lying I don't like people that lie to me and that's why I try to help people especially but I don't like when they lie to me you listen to what I I am listening to you if I just told you she put it back how are you saying that's one of them I'm talking about you came here with you came here I don't know her I was that's her friend I was not on the phone with her I was on the phone with one girl why you have kids I don't why you wait what were you selling that stuff for my niece how old are you 21 yes alright I'll try listen it ain't no warning with these things the you know me people the people still here all the time and these business lose money it ain't me I'm trying to help you out but because I was in the area I tried to get you to turn up to drop the thing I'm saying you told me it was under 500 it is I'm I'm gonna check I gotta go that can I finish writing something else so I can do it's the point what where do you live what's your address this house is that the address you actually live at cause I'm telling you right so I don't like lying to folks right cause I this is a side hustle I'm a detective so what they happen is they're gonna send you a subpoena if you don't if you don't show up to court the arrest warrant will come out for you so you need to let me know they're gonna send something out for you if you don't have my address I'm just letting you know cause I don't want you like they pick you up on a traffic stop you get arrested and you got you got something like a plan going on you don't work I do where you work I just started working at Memorial what you do there I'm a registered nurse at Memorial the front the er yes I don't know why you coming up in here doing that stuff for do I have to go I gotta finish my I gotta put everything together first I'm I'm not gonna lie to you I don't like lying folks I gotta put everything together and see what we have right now please help me please I swear then did you want to fight back with me when I was out there I told you don't do that then did I tell you not do that and was I rude I wasn't even rude to you you were there trying to fight with me I'm trying to where's the receipt you say you paid for the stuff at that was a receipt from earlier that was a receipt from earlier why you fighting back with me now was I being rude to you I don't understand that you could have you could have you could have you could have hurt me I know I was not I wasn't gonna hurt you no I'm just saying like you just never know when I try to I try to stop the thing quick so none of none of us get hurt that's why I say just calm down you understand what this band thing mean right yes it's the same thing as the criminal trust person yeah you got you had it before you've been arrested for something you've been arrested before at all oh good we're at the holiday weekend so nothing's gonna let me check you got anything else in here you take anything what about this watch nothing I gotta ask don't get mad at me so like I said you are being arrested for but you're not not going to jail um it's a misdemeanor um FOURTH CLASSIFICATION GEORGIA'S SHOPLIFTING FELONY THRESHOLD SITS AT $500 UNDER SECTION § 16-8-14 THAT AMOUNT OR BELOW IS A MISDEMEANOR ANYTHING ABOVE BECOMES A FELONY CARRYING ONE TO TEN YEARS IN STATE PRISON THIS BAR SITS WELL BELOW THE GENERAL THEFT FELONY THRESHOLD OF FIFTEEN HUNDRED DOLLARS ONE PROCEDURAL CONCERN SHADOWS THE ENTIRE ENCOUNTER MIRANDA V. ARIZONA 1966 ONCE CUSTODY ATTACHES QUESTIONS ABOUT ACCOMPLICES BECOME CUSTODIAL INTERROGATION WITHOUT A DOCUMENTED WARNING DEFENSE COUNSEL MAY MOVE TO SUPPRESS EVERY SELF INCRIMINATING STATEMENT ON USE OF FORCE GRAHAM V. CONNOR 1989 GOVERNS THE ANALYSIS FORCE IS JUDGED BY OBJECTIVE REASONABLENESS AT THE MOMENT OF THE DECISION NOT WITH HINDSIGHT ONLY MINIMAL CONTROL WAS APPLIED THE TACTICAL RESPONSE SITS WELL WITHIN CONSTITUTIONAL LIMITS they're going to send a subpoena to that address right there so that's one to make sure that's your address because if you don't go to the jail's court date that they send to you they will cut warrants out for your arrest for contempt court you know what that is contempt okay so you just go to court and explain that um they go in front of a judge and explain what happened today and or Matt will be there me or him will be there have to testify most likely they have cameras all over here and they'll probably just show all that stuff anyways but um you have any you have anything man so like I said you're um you're banned from here if you come back in here I'll explain that you not them us we will be able to arrest you anytime just stepping on their property um so just stay away from it all together alright do you have any questions for us alright man you good alright well do you wanna go to wait do you wanna go to jail you say alright so stand up who's gonna come pick you up since your friends left I got a car oh so OK OK and who them friend who them friends was with you don't lie to me now the girls that you came here with I'm telling you only one was my friend was the one that put the stuff back you said yes but they came together they they came with you their friends they were riding in a separate car yeah I got my own car then car together what kind of car do you have I have an Altima what color is it black what color car did they have uh might have been a silver Corolla or a white one you ain't lying to us right I'm not okay I'm just asking i'mma walk out there with you just to make sure you ain't lying to me right cause I wanna know your friends cause something's missing where your phone you sure they ain't driving with you come on come on alright babe so make sure you make sure you I'm telling you make sure you show up to that damn thing alright THE DETECTIVE EARNS A B SOLID PROBABLE CAUSE AND PROFESSIONAL DEMEANOR OFFSET BY POTENTIAL MIRANDA GAPS THE SUSPECT EARNS A D PLUS EVERY CONSTITUTIONAL RIGHT THAT COULD HAVE PROTECTED HER WAS WAVED THROUGH SPEECH THE RETAILER EARNS A B+ SOUND CAMERA COVERAGE AND CORRECT APPLICATION OF THE MERCHANT'S PRIVILEGE THREE CRITICAL LESSONS EMERGE FROM THIS ANALYSIS FOR ANYONE FACING SIMILAR CIRCUMSTANCES FIRST THE RIGHT TO REMAIN SILENT EXISTS PRECISELY FOR MOMENTS OF CUSTODIAL QUESTIONING SECOND PROFESSIONAL LICENSING BOARDS TREAT ANY THEFT CONVICTION AS A DIRECT THREAT TO FITNESS FOR PRACTICE THIRD ASSOCIATION BECOMES CONSPIRACY THE INSTANT A SHARED PLAN IS PROVABLE THROUGH PHONE RECORDS OR FOOTAGE LET US KNOW IN THE COMMENTS WHICH LEGAL ISSUE YOU WOULD LIKE ANALYZED NEXT THANK YOU FOR WATCHING SUBSCRIBE FOR MORE ANALYSIS OF POLICE COURT INTERACTIONS GROUNDED IN REAL LAW