34 I'll be out with the female from the Tesla chargers hello ma'am hang up the phone please huh can you hang up the phone please why so I can talk with you I picked them up right there in men's start watching them look like they're concealing underneath the baby long story short they did when to stop him I ain't stealing OK that's cool I'm just gonna we're gonna have a conversation what you got a kind of conversation for right now you're being detained for attempted investigation VIEWER ADVISORY THIS FOOTAGE CONTAINS RECORDED PROFANITY WHICH HAS BEEN EDITED FOR PLATFORM COMPLIANCE 34 I'll be out with the female from the Tesla chargers hello ma'am hang up the phone please huh can you hang up the phone please why so I can talk with you so I guess you and another male ran out the store you guys trying to take something no nobody didn't take nothing OK were they trying to talk to you he was talking to me he let me go he got everything back it wasn't even nothing but a hat it was a cold heart hat sorry OK where where's uh is that boyfriend husband he didn't take nothing yes where's he at pull it up yes ma'am one more time hang the phone up yes until we figure this out all right do you have a car here yes where's your car at it's it's coming sit down okay is it the mail who took the car he opened up the door he didn't take nothing from you OK but he took the car and left you guys is that right no I was in there shopping he went to go get some food that was it that's all alright you got your ID on you yes it's in the car with my purse is that him right there yeah I'm putting my baby in the car please that's fine look what's up Big Dog what's up brother you wanna park this so she can get the baby in the car yeah I think it took something I ain't stealing OK that's cool I'm just gonna we're gonna have a conversation what you got a kind of conversation for right now you're being detained for attempted investigation ON FEBRUARY 19TH, 2025 OFFICERS IN GREEN TOWNSHIP OHIO RESPONDED TO A RETAIL THEFT CALL AT A MEYER'S SUPERSTORE THE SUSPECT INSISTED HE NEVER WALKED OUT WITH ANYTHING SO NO THEFT OCCURRED THAT BELIEF IS WRONG UNDER OHIO LAW OHIO REVISED CODE SECTION § 2913.02 DEFINES THEFT AS KNOWINGLY EXERTING CONTROL OVER PROPERTY WITH INTENT TO DEPRIVE THE OWNER NOTE WHAT IS MISSING FROM THAT LANGUAGE THERE IS NO REQUIREMENT THAT THE PROPERTY PHYSICALLY LEAVE THE STORE CONCEALMENT COUPLED WITH MOVEMENT PAST THE LAST POINT OF PAYMENT IS ENOUGH TO COMPLETE THE OFFENSE IN MOST OHIO PROSECUTIONS I'm being detained hey yes you are alright so you just park the car alright I did you guys I'll be on your way alright just try to pay for this sh*t you don't want to let us pay for this wait what happened I'm talking to you what happened they trying to say I stole I ain't steal that's all that matter I ain't steal nothing alright you got your ID on you sit back bro you have to sit back I'm only frustrated because you can see the place you're at so I'm gonna chill out sit back you have to sit back chill out sit down chill out are you saying you did not steal anything it's on camera check it out did you did you walk out the door with anything check it out appreciate you same type for me alright that's cool if you're a man can you just like you can walk we can ah cool yes Motherf*cker Park again I'm just gonna get out of here I'm not asking you no I'm just saying like can we can you just walk right here so I can park it no it's okay we'll just stay right here but I'm not worried about nobody else alright thank you yep you have to chill out chill out chill out man let's walk back this way okay how's it going you're good man so we're gonna hit them both with complicity he selected all the merchandise you can seal it all okay can I see the video of this yeah absolutely alright it's been a while since I've seen you it has been it's a good thing no because we still get hit we can catch them all alright how tall are you uh 6 4 you and me are the same height but I feel shorter next to you really quick brief summary just tell me what's going on why are we here the hat well we tried to buy it but he act like we couldn't buy he said police was here and I'm not even trying to say no racist stuff but he looked like he was one of them you know we black so he wanted us to say I guess he wanted us to not pay and just talk to y'all okay so you guys had a hat where you think you say you're planning on paying it yeah Carhartt the Carhartt hat I don't know if she knows what it is but it's Carhartt Carhartt yeah put it back he's he got it OK do you guys have a card or anything or were you just cash cash like push grocery cart that's what I'm saying oh yeah okay so you guys had a grocery cart whatever he's going I was going shop they ain't got nothing I see I'm like let's see that's all I picked them up right there in men's start watching them look like they're concealing underneath the baby long story short they did when to stop him to stop her stopped her with backup when in he came back and throw your American hostile yelling I'll just trip right here I ain't got sh*t on me a word I'm not gonna say stuff like that okay so once we got like right here she just goes this pulls everything out cause she's gonna go and ditch it and I'm like no you gotta keep coming with me she's like I gotta grab something else like no no no come on finally once we got right there she just pulled everything out walked out the door OK you guys didn't put any clothing in your like sweatshirt anything like that you didn't put in the baby stroller baby carriage I gave it all back I gave them back to him OK how many items did you get back all of it it was just the hats just the hats how many hats it was like three little Coco hats okay let's do this cause I'm cold too how about we just sit sit back here I'll turn the heat on alright we're not going I said I can open that door up I won't even close the door on you I don't want to get in I gave them everything back I know I'm not I think that's it OK I'm just saying we're here cause you guys are being hostile and they're trying to talk to you they're trying to work things out where the most you guys probably got was just get trespassed and called back they're both yeah they're both good they're both good I won't do nothing I promise I won't get in no type of trouble so we'll just wait for that so those two are together yes these two she's the one that committed the theft she walked out with it he was just selecting merchandise with her but we picked them up and they were way back here so it's like the jeans the hoodie there's some other things I can't remember on top of my head jeans hoodie that they put back there's a white shirt black jeans two hats I think that I believe that's it okay it was a total of 118 76 yep what does she select in there uh she was just concealing merchandise with the alright can you show me that again yep so yeah concealing merchandise in there and then just concealer like that that's it I gave him everything back yeah it doesn't matter I mean you guys still have that intent to do it they can still press charges on you I'm really hoping they don't but they can still go through with that when I gave it back no if you would have worked with them maybe walk through back office I wasn't I ain't give him no back signed something saying like hey I can't come back anymore it's just him cause he don't don't put it on my name like I understand where you coming from yeah they said your guys being hostile that's why we got just you can relax mm hmm nothing too serious I just don't understand why he drove off and left you and the baby especially when you guys are out in this cold no he went to go get something to eat we're supposed to be in our long we're in our long do you have a good offense it's gonna be end up being both the male aided in selecting the merchandise she concealed it in the baby carrier total loss is 118 bucks LP says they were stopped at the door was the merchandise recovered yes all of it was yes all merchandise was recovered I'm clear they want to proceed bath charges or trespass or DC what what do you think we're gonna do they do want to proceed with it I think we're gonna for the mail it's gonna be more of a complicity hey we just noticed something with the mail involved so we're gonna double check to make sure he did not conceal anything in his pants and stuff as well alright I've got loss prevention here we're working on some affidavits real quick and I'm gonna get a copy of the receipt and I'll meet you guys out front okay we're gonna get him out and secure him hi Mister Horn are you good if I pat you down no no you're not found me down for it but to make sure that you didn't steal anything I asked him did he want me to strip *ssh*le naked he told me no I was good I'm asking you hello so you asking me to search me because you felt like I stole something I'm not gonna search you told this man let me finish for what for my being the time for my being the thief no sir you are under arrest for what why for theft I stole when did I steal where how did I steal you guys don't have to walk out with merchandise hold on when did I how did I steal we're gonna go over all that just hold on how the f*ck did I just steal when I ain't had sh*t bro what you are also not free to go okay alright don't drive off alright he's gonna go in the back of the car i'mma pull up this cruiser OK you just said I stole how the f*ck did I steal it you're not going to jail as of right now so do not drive off do you understand Miss Ramsey do you understand OK can I get in the truck just stay just hang tight for me alright go walk over to my car over here y'all basically covering me up because I was hostile y'all didn't like that that's what's going on that's what's going on basically just be honest y'all didn't like that I was being hostile with the situation due to the fact I didn't steal what am I stealing for I have money on me I asked him did he want me to buy this sh*t he said no he tried to make me go back there I told him no I ain't steal sh*t what am I going back there for and I walked out so how did I steal can you explain it now I will can you go ahead no I'm gonna read you your rights first I don't want you to know I want you to no I want you to tell me what did I do yeah absolutely what the f*ck what did I steal I promise I'm gonna go over all that with you alright but I have to read you your rights first before we have a conversation you have anything in your pocket you don't got anything on you money money bro this sh*t don't can OK can you explain now yup let me read it right to remain silent etcetera etcetera EVEN WITHOUT A COMPLETED THEFT OHIO REVISED CODE SECTION § 2923.02 CRIMINALIZES THE ATTEMPT ITSELF AN ATTEMPT IS CONDUCT THAT IF SUCCESSFUL WOULD CONSTITUTE THE OFFENSE FAILURE OF THE PLAN IS NOT A DEFENSE WHEN LOSS PREVENTION INTERVENED AND MERCHANDISE WAS RETURNED THE ATTEMPT WAS ALREADY LEGALLY COMPLETE RETURNING STOLEN GOODS AFTER BEING CAUGHT CAN REDUCE SENTENCING EXPOSURE BUT IT DOES NOT ERASE CRIMINAL LIABILITY THE MALE SUSPECT ARGUED THAT HE NEVER PHYSICALLY CARRIED THE CONCEALED ITEMS UNDER OHIO COMPLICITY LAW THAT ARGUMENT FAILS OHIO REVISED CODE SECTION § 2923.02 PUNISHES ANY PERSON WHO AIDS OR ABETS ANOTHER IN COMMITTING AN OFFENSE THE ACCOMPLICE IS PROSECUTED AND PUNISHED AS IF HE WERE THE PRINCIPAL OFFENDER SELECTING MERCHANDISE FOR A PARTNER TO CONCEAL QUALIFIES AS AID THE DETENTION ITSELF WAS LEGALLY SOUND UNDER Terry v. Ohio OFFICERS MAY BRIEFLY DETAIN A PERSON ON SPECIFIC AND ARTICULABLE FACTS HERE THOSE FACTS INCLUDED THE SWORN MERCHANT IDENTIFICATION A REVIEWED CAMERA RECORDING AND A RECOVERED INVENTORY OF CONCEALED ITEMS THE STORE'S AUTHORITY TO DETAIN CAME FROM OHIO REVISED CODE SECTION § 2935.041 THE SHOPKEEPER'S PRIVILEGE A MERCHANT WITH PROBABLE CAUSE MAY DETAIN A SUSPECTED SHOPLIFTER IN A REASONABLE MANNER FOR A REASONABLE LENGTH OF TIME LOSS PREVENTION FOLLOWED THE DOCTRINE PRECISELY REAL TIME OBSERVATION CONTROLLED DETENTION FULL RECOVERY AND COORDINATED HANDOFF TO POLICE ONCE CUSTODY ATTACHED MIRANDA V. ARIZONA REQUIRED WARNINGS BEFORE ANY SUBSTANTIVE INTERROGATION COULD BEGIN THE ARRESTING OFFICER REFUSED TO ANSWER THE SUSPECT'S QUESTIONS ABOUT THE CHARGE UNTIL MIRANDA WAS FULLY ADMINISTERED THAT IS PROCEDURALLY CORRECT BY CONTRAST THE FEMALE SUSPECT MADE A FULL ADMISSION BEFORE INVOKING ANY RIGHT DESCRIBING THE CONCEALMENT METHOD ITEM BY ITEM SILENCE IS A CONSTITUTIONAL RIGHT SPEAKING IS A CHOICE IN THIS CASE THAT CHOICE COMPLETED THE STATE'S EVIDENCE alright so they review the cameras yeah the both of you trying to conceal merchandise $118 worth of merchandise how did I cut us they stopped you they retrieved the merchandise they didn't retrieve nothing from me not my person at all well I mean there's an officer in there he's reviewing body camera or camera footage so you told me you told us go check the cameras and somebody's doing that and that's what it shows it shows you trying to conceal merchandise it shows me dropping it in the car seat that don't mean that we trying to steal anything okay what the f*ck alright so that was the answer to your question and then I asked him to buy this sh*t he said no so can I go in here and buy this sh*t no like I said you're under arrest alright cool close the door that's how it is to you can I get your seatbelt so from video evidence everything like that you guys are concealing merchandise correct you told me about the multiple hats how many hats I said just keep working with us so we can work with you a little bit better he's going to jail for what so as of right now for that okay like I said the camera footage we're still going on it okay our policy is we usually take two like people who get charged with that to jail okay we're trying to work with you so you don't go tonight and give you a court date but I would prefer to get your side of the story a little bit better now okay that way we don't have to take him take you and your baby needs to get picked up by somebody else we took a couple items but put it back OK got it all you don't we don't have nothing OK you took a couple items were you planning on paying for them yes he was gonna pay for some and where did you put those items at that you were planning on paying he got them like when I told you I gave it to him when you first picked them up where did you put them at what you mean did you put them in a cart did you put them in the baby's uh baby carrier baby carrier but we we don't I use it as a cart and you know OK he got everything you put underneath the baby on top of the baby on top on top OK were there any other items but your attempt was to steal them it did not work that way you put them out and you guys did not walk out with any clothing correct okay and you know you can still get charged with that for attempting right okay I said they're going through camera footage they see everything I said it might have been better you guys were a little bit nicer you could have got trespassed I understand okay that was nice okay I wasn't there I'm not a rule OK so like you said hang tight you're not free to leave yet we're gonna give you a court date and we're gonna go from here see what else is going on alright so you attempted to steal you were concealing I'm you want me to answer the f*cking question brother alright so you are concealing items in the baby stroller right that's what she is telling us right and you attempted to leave the store without paying for it they stopped you retrieve the merchandise that is attempt of theft I I think you should just get behind accepting that this is happening and then you could fight it in court all right uh she's gonna get a court date and you're gonna go down to the Justice Center hahaha that's Ramsay alright so these are the lost provincial guys you already met them right so they're gonna verbally trespass you alright so you can't come back to this Meyer ever again any Meyer any Meyer alright and then um they're gonna take a picture just and post it up in their office so people know alright so I'll just ask you to comply with them so we can continue on without the night alright thank you alright this one these are lost prevention guys alright you already met them alright they're gonna give you a trespass alright from all Myers alright so I'm just gonna ask you to listen to them I'm still going to Justin you're still going to Justin that doesn't change nothing so close the door you don't want to talk to them what is what am I talking about I didn't steal sh*t I'm going to trespass you from the Green Township mayor okay I didn't steal that's okay it has nothing to do with anything I could he know that trespass you because they don't want you here alright so don't ever come back to Greentown Chipmunk got it you understand that if you were found here at Greentown Chipmunk you'll be arrested right on ON THE GRADES THE GREEN TOWNSHIP OFFICERS EARN AN A MINUS FOR DISCIPLINE PROCEDURE AND THOUGHTFUL DE ESCALATION POINTS ARE DEDUCTED FOR ONE LINE THAT CAME CLOSE TO ELICITING A SUBSTANTIVE STATEMENT FROM THE FEMALE SUSPECT BEFORE HER RIGHTS WERE ADDRESSED MEYER LOSS PREVENTION EARNS AN A EVERY ELEMENT OF THE SHOPKEEPER'S PRIVILEGE WAS EXECUTED TO THE LETTER THE FEMALE SUSPECT EARNS A C PLUS SHE COMPLIED PHYSICALLY BUT SHE TALKED HERSELF INTO A CONVICTION THE MALE SUSPECT EARNS A D PLUS REPEATED STATEMENTS AGAINST INTEREST A LEGALLY INCORRECT DEFENSE AND NO PHYSICAL RESISTANCE TO HIS CREDIT THREE LESSONS STAND OUT FROM THIS ENCOUNTER AND EACH ONE APPLIES WELL BEYOND THE SINGLE OHIO PARKING LOT FIRST CONCEALMENT ALONE CAN COMPLETE A THEFT IN OHIO WALKING OUT WITH THE ITEM IS NOT A REQUIRED ELEMENT OF THE OFFENSE SECOND COMPLICITY LIABILITY TURNS ON AID NOT ON POSSESSION SELECTING THE MERCHANDISE IS ENOUGH TO FACE THE SAME CHARGE AS THE PRINCIPAL THIRD THE RIGHT TO REMAIN SILENT IS ONLY USEFUL WHEN IT IS EXERCISED EXPLANATIONS OFFERED BEFORE MIRANDA ARE EVIDENCE FOR THE STATE RETAIL THEFT IS OFTEN TREATED AS A LOW LEVEL OFFENSE BUT THE UNDERLYING LEGAL STRUCTURE IS PRECISE AND IT IS UNFORGIVING TO THOSE WHO MISREAD IT UNDERSTANDING THAT STRUCTURE PROTECTS BOTH MERCHANTS AND DEFENDANTS FROM MISJUDGING WHAT OHIO LAW ACTUALLY REQUIRES LET US KNOW IF THERE IS AN INTERACTION OR LEGAL TOPIC THAT YOU WOULD LIKE US TO DISCUSS IN THE COMMENTS BELOW THANK YOU FOR WATCHING AND DON'T FORGET TO SUBSCRIBE TO OUR CHANNEL FOR MORE CONTENT ON POLICE COURT INTERACTIONS