right now all we know was this car five people came in this morning around 11:00 and everyone left with bags this second time was uh 13:00 twenty seven so 1:27 that's point at what time 1:27 13:27 what a blood of balls to come back same day oh sh*t they didn't try and use fake money right oh my god are you serious I didn't see that that's all it might not be yours well you know I wouldn't doubt it though cause we didn't have that uh I'm gonna they didn't try and use any of this right oh sh*t it's all fake money MAY 2ND, 2024 A RETAIL PARKING LOT OUTSIDE CHICAGO ILLINOIS ONE VEHICLE FIVE OCCUPANTS TWO THEFT REPORTS FILED HOURS APART ON THE SAME DAY INSIDE A BAG RECOVERED FROM THAT CAR OFFICERS FOUND SOMETHING THAT LOOKED LIKE REAL CURRENCY IT WASN'T REAL IT WAS MOVIE PROP MONEY AND IT REVEALS MORE ABOUT THIS CASE THAN THE THEFT CHARGE ITSELF what we got let me see the two oh yeah they're both OK this is the what about the first time they stole how many people same same thing just those two two yup OK this is the second time right here alright nobody else stole they're just with them yeah yeah I didn't even know there were other people in the back until like when they passed by did they come into the store the two no all five no no the other ones were in the vehicle they were parked in the fire lane do you have a picture of that dude in the black uh yeah like face shot alright so how much guess the me over 300 under 300 uh probably under 300 of this I I don't know what they had in their pockets cause the second time they walked out their pockets were full as what the host were saying oh okay well we're gonna search them so okay what's uh I'd say maybe what's AP stand for why am I drawing an asset Protection thank you oh yeah sorry no it's usually EP what's the what's the EP LP LP yeah lost lost Protection a AP yeah asset Protection yeah I know sir no they call us asset Protection investigators Apis fancy uh this is your job okay what time do they walk past point of sale what time is it uh this is approximately the first time or the second time or let's do this time okay this second time was uh 13:00 twenty seven so 1:27 that's point at what time 1:27 13:27 what a blood of balls to come back same day you know but they f*cked themselves yeah uh okay uh the first time was at 10:57 that's when they crossed yeah the first time second first 10 I don't think we'll get that much of this question is you gotta figure out how much that was the first time second time we might be able to help you because we'll have it with them yeah OK alright he said they dumped the when they went out with them the second time they were taking the bags and dumping stuff out into the back of the car well the first time the first time I actually was uh I just walked through the door to start my shift and I had I had my thing on my shoulder and I just I didn't punch in I just walked over through their vehicle took a picture of their car and the guy this guy with the blue was dumping stuff out of the bags so you saw them cross the last point of sale yes with merchandise yes staff said their pockets were full they had bags they never paid for anything nothing yeah walk past the last point of sale you followed them out watching their car on camera watch the car on camera saw them going on the frontage road you gave the plate oh no no the the the first time I actually walked out there I wasn't punched in yet I walked out there took a picture as I was doing I was watching the guy dumping stuff out of the bag the second time they they parked here in the fire lane and they just booked out to the fire like and they zoomed out yeah exactly alright thanks buddy I'll come grab you I got is that your personal cell yeah I'm gonna call you I don't wanna need you thanks man morons man just morons this is not Cook County how we doing everybody good cool do me a favor we got a call for a complaint you guys stealing to turn off that car for me we're gonna figure it out can I get the keys with her thank you so much you got driver's license and insurance um it's right here from the motel yeah but I had to bring the car back there my homie my friends right here alright cool just hang out with me for a second okay anybody got a concealed carry license anybody got a legal way to carry a weapon I gotta ask open the door man I heard this going out real quick alright Walmart is saying you guys went there this morning around 11:00 they spotted this car and there's a whole bunch of bags that left the store without paying for anything I'll pay for this stuff this is closed alright I don't have any bags you got receipts you got receipts for all that yeah we we came back from the hotel yeah they came by around what they saying about 10 11 o'clock this morning at a whole bunch of bags were taken from here and nothing was paid for that's a problem that's why we're all here okay what do you know about that I don't care about the smell of weed that doesn't bother me sorry what do we know about what about this morning why are they saying this car and five people were in Walmart this morning yeah I was at Walmart but I don't know what they're saying right now with bags I was I was in the inside my my friend was driving this car whose car is this like right now okay that's what's going on he tried to stop he tried to stop he tried to stop you that's why they're saying that you guys came in this morning the whole push me too push you yeah just now or this morning this morning we didn't I'm like a screaming sir but I guess he thought he thought he thought he thought right right right right right okay okay no that's that's understandable that's understandable but what happened this morning were you guys there this morning you can confirm that right okay okay is there anything in the car that we should know about anything that's no no guns no drugs anything like that okay we literally coming from here alright so we're gonna do we're gonna take each one of you guys out individually okay we're gonna make sure you guys have nothing that's stolen then you're out of here nothing at all right I'm gonna ask you again okay just so just so you know everything is recorded no big deal okay just be cool one by one let's come out of the car real quick which were taken from here and nothing was paid for you guys got IDS no that's a problem everybody's got to produce ID how old are you OK that's what I'm talking about you try to stop you try to stop me that's why they're saying that you guys came in this morning he pushed me too he pushed you just now or this morning just now this morning we didn't have I'm like a street person so I guess he thought he thought I had some money but he let me go that's understandable that's understandable but what happened this morning were you guys there this morning to confirm that right alright what's your last name what's your last name Cole spell it for me C O L E m a N C O L E E m a N Diamond first name Diamond OK d I a m o N d yeah I'm sorry it's loud out here do you have a middle initial what's your name all right when he has to get any weapons in the car just nobody got guns or nothing they're still working on it okay just be cool one by one just step back here real quick you ain't got no weapons on you you got an ID on you no hey this is one at a time yeah I got no ID alright turn around face me I got your phone I'll give it back to you I ain't planning on keeping it I'm asking your name and date of birth if you lie to me you're going to jail okay ain't no point lying to me about who you are one more time spell last name for me my last name yeah L a b o n first name a N t W a n middle initial d uh it's okay check them on the phone sure Lincoln 4 Lincoln 8 97 in accident no injuries put your butt on that curb hey sorry sorry come on watch it with us you got any weapons on you just hang on tight okay hang on tight you got a key on you they got no idea we have four females in the car do we have a female officer all right young lady in the middle what's your last name what's that what's my name sir we have to document everybody that was in the vehicle we gotta talk loud it's loud out here what's your last name Diamond what's your telephone number watch your leg I just come over here rather than yelling at you uh what's your thank you okay so it's gonna wind up happy now one of the officers gonna go to Walmart find out what the hell is going on right now we have no clue okay he's gonna go buy look at some video if they do have video um and we'll take it from there okay all we have is unfortunately everything is fake right now all we know was this car five people came in this morning around 11:00 and everyone left with bags that's that's why we were trying to figure this stuff out okay I need Protection what y'all doing here I'm sorry now we're just checking them that's it and then we're gonna get some female officers to come check you ladies out and that's it okay can I stand outside I ain't even going yeah but everyone's everyone's in the car that's the thing you know what I mean since the car was involved that's that's the thing okay just don't take it personal it's just part of our jobs okay we'll make it easy and as long as no one does anything then you guys are on your way and then we'll apologize at the end but right now just just cooperate with us okay oh boy you got your ID with you driver's license anything ID driver's license okay no problem what's your last name what is it W I L b o u r n b o u r n first name m a C t r e t r e yeah s e a s e a yeah damn okay middle initial l what is your middle initial l l what's your birthday what's your address um 19 0 1 south 4th Maywood south 4th F o no 4 like you just got four oh just four okay yeah Maywood Maywood what's the zip there how do you pronounce your first name matricia matricia okay right now we do have some video that's showing him this morning just just just just I'm sorry can I get out of here right now I'm waiting for some female officers to come by okay and then we're gonna get you guys out one by one give me a minute give me a minute okay we're he's in cuffs now so well we'll make sure you say bye to him before we take off don't worry about it I saw them at Walmart like I said they're looking at videos now and what did he say he's took something what what it was don't know yet all we know is that we have someone over there that's letting us know that right now it's gonna be up to Walmart and right now it looks like they don't want to do that sometimes they do it depends on what the dollar amount is you know what I mean can you please ask sorry yeah we can ask can you please before you take it cause honestly it was closed we don't have no like clothes don't have no like clothes okay um whose car is this again um I'm calling him we're calling him we're trying to cause he at the hotel he's at the motel motel what what about does car have insurance yeah he got everything he got you I don't I don't know what I'm trying to call him he's gonna take the left down here to pick up the car now you have a driver's license to suspend or you don't have any at all no I just have my permit I just came to the store right here that was like five minutes away there OK go ahead with it hey miss I'm gonna get your name one more time again alright what was your first name m a C what is it alright time for m a C m a C t R E yeah s E a huh t R E s E a Patricia what's your name little boy your last name will boy huh will boy W I L I got her brother oh they got I got her yeah I gotta know which one you know we're 7 9 1 1 you're aware of a warrant out of Cook County who you have a warrant out of Cook County you you ask you ask me or you telling me you do you are you aware of a warrant that you have in Cook County I know but I have a court on the 17th OK that you maybe missed that you maybe missed a court date no they had I had zoom online I can show you the other day I had zoom they said I had this recorded but they had said they never put out a warrant so they gave me May 7 17 there's a warrant I come in but I can show you that my room whenever that yeah we we could probably take care of that at the police department show me whatever you have there we're gonna have to at least process you and take it from there I don't know what you're saying warrant out of Cook County maybe Chicago yeah but that's why I'm saying I have court my court date I come up here my court date on the 17th the only thing I can think of is again I don't know if you maybe missed the date or something roll by your ass what's that what's that yeah I think it's all the water right yeah but what the hell is she watch your toes i'mma close the door can I call him for you hold on hold on I'm gonna call the um police I got their number cause he just told me in my court that I call them on yeah make your phone calls before we get you out OK you fine they're gonna they're gonna get you out real quick okay come on real quick call my arrest what's that yeah I think you're calling for one right yeah you got one coming right hey watch your toes i'mma close this door alright we open can I get out of the car I'm really hot okay once you come out just do me a favor sit over here you're gonna be hot so sit over there by the barricade okay hey what's that look at that you wanna get out or no hey do me a favor open your purse for me I don't need to go in it I just got to make sure there's no weapons in there for you can you just open it open your purse thank you so much just weed what else I don't care about that alright good enough for me yeah I don't know let's get her out I thought she was in trouble step out for me I'm gonna take your purse for you when you step out go sit by your friends OK OK you can leave it over there thank you so I don't care about weed or anything like that so I go 51 OK relax OK 56 51 on the pressure alright young man come put the phone down what what I do put it in your pocket I didn't do nothing put it in your pocket I don't know turn around turn around how many arrests up ahead it's plus one now alright come on this way I need a good luck OK well you know what cops come off as easy as they go on they're reviewing video right now and they're saying that you you're gonna be put under arrest so here we are let me go back to this car all depends on your history I imagine you ain't got a book okay what's that where's your phone though I took the phone hold on one sec let's search you up real good your who your mom you better call your mom at the police department let me see we'll see alright watch yourself I gotta beat you over how am I the only one getting arrested you're not the only one you're just the first one can you call on the phone no you better make all the phone calls you need at the police department okay I got your phone alright step out of the car you know you're suspended right you know your driver's license privileges are suspended turn around OK you're good you're good hey Blake just to make sure you're suspended well you got some small wrists here one female custody 13:49 got a yellow THIS IS NOT A RECAP OF WHAT HAPPENED THIS IS A LEGAL BREAKDOWN OF EVERY DECISION POINT INSIDE THE STOP SEVERAL CONSTITUTIONAL DOCTRINES AND STATE STATUTES ARE IN PLAY BEFORE THE CAR DOOR EVEN OPENS THE ANALYSIS STARTS WITH A FOURTH AMENDMENT QUESTION DID OFFICERS HAVE REASONABLE SUSPICION TO DETAIN THIS VEHICLE AT ALL UNDER TERRY V. OHIO (1968) REASONABLE SUSPICION CAN COME FROM SOMEONE OTHER THAN THE OFFICER THE NAMED STORE EMPLOYEE DESCRIBED TWO SPECIFIC THEFT EVENTS TIED TO THIS EXACT VEHICLE ON VIDEO I WITNESS IDENTIFICATION PAIRED WITH SURVEILLANCE FOOTAGE IS A WELL ESTABLISHED BASIS FOR AN INVESTIGATIVE STOP THE STANDARD IS DELIBERATELY LOWER THAN PROBABLE CAUSE REQUIRING ONLY AN ARTICULABLE PARTICULARIZED REASON ON THIS RECORD THAT THRESHOLD IS COMFORTABLY MET BEFORE THE VEHICLE IS EVER STOPPED ONCE STOPPED OFFICERS ORDER EACH OCCUPANT OUT OF THE CAR ONE AT A TIME PENNSYLVANIA V. MIMMS (1977) PERMITS THIS AUTOMATICALLY DURING ANY LAWFUL TRAFFIC STOP NO EXTRA JUSTIFICATION IS REQUIRED BEYOND THE STOP ITSELF SINCE OFFICER SAFETY ALONE SATISFIES THE STANDARD REMOVING OCCUPANTS INDIVIDUALLY ALSO LIMITS THE TACTICAL RISK OF SEVERAL PEOPLE RESISTING AT ONCE NOT EVERYONE IN THE CAR FACES EQUAL SUSPICION AND THAT DISTINCTION MATTERS CONSTITUTIONALLY GIBARA VERSUS ILLINOIS 1979 HOLDS THAT MERE PRESENCE NEAR A SUSPECT DOES NOT CREATE PROBABLE CAUSE THE THREE OCCUPANTS NEVER INDIVIDUALLY TIED TO EITHER THEFT ARE PROPERLY RELEASED WITHOUT CHARGES THE NEXT ISSUE IS A PURSE SEARCH FRAMED AS A REQUEST NOT A COMMAND SCHNECKLOTH V. BUSTAMONTE (1973) 1973 ALLOWS WARRANTLESS SEARCHES BASED ON VOLUNTARY CONSENT ALONE CONSENT NARROWS THE ANALYSIS SINCE THE SUBJECT OPENS THE BAG HERSELF AFTER A STATED LIMITED PURPOSE THAT PURPOSE CHECKING FOR WEAPONS KEEPS THE SEARCHES LEGAL SCOPE TIGHT AND DEFENSIBLE EVEN ABSENT EXPLICIT CONSENT A SEARCH INCIDENT TO ARREST COULD INDEPENDENTLY JUSTIFY CHECKING THE PURSE CHIMEL VERSUS CALIFORNIA 1969 PERMITS SEARCHING THE AREA WITHIN AN ARRESTEE'S IMMEDIATE CONTROL AT ARREST MARIJUANA FOUND INSIDE IS NEVER CHARGED REFLECTING PROSECUTORIAL DISCRETION NOT ANY LEGAL OBLIGATION ILLINOIS LEGALIZED RECREATIONAL CANNABIS IN 2020 UNDER THE CANNABIS REGULATION AND TAX ACT SMALL PERSONAL USE AMOUNTS ARE FREQUENTLY NO LONGER PROSECUTABLE AT ALL REINFORCING THAT ON SCENE DECISION A RECORDS CHECK THEN REVEALS AN ACTIVE WARRANT OUT OF COOK COUNTY FOR ONE PASSENGER ONCE DISPATCH CONFIRMS AN ACTIVE WARRANT THE ARREST BECOMES MANDATORY NOT DISCRETIONARY THE SUBJECT DISPUTES THE WARRANT CITING AN UPCOMING COURT DATE AND A PRIOR VIDEO APPEARANCE THAT DISPUTE CARRIES NO PROCEDURAL WEIGHT SINCE OFFICERS CANNOT ADJUDICATE WARRANT VALIDITY AT THE ROADSIDE THE CORRECT VENUE FOR THAT ARGUMENT IS THE COURTHOUSE NOT THE TRAFFIC STOP IDENTIFYING QUESTIONS LIKE NAME BIRTH DATE AND ADDRESS DO NOT REQUIRE A MIRANDA WARNING AT ALL PENNSYLVANIA V. MUNIZ (1990) CLASSIFIES THESE AS ROUTINE BOOKING QUESTIONS EXEMPT FROM FIFTH AMENDMENT PROTECTION ONLY CUSTODIAL INTERROGATION AIMED AT ELICITING INCRIMINATING STATEMENTS TRIGGERS THAT REQUIREMENT AND NONE OCCURS HERE no radio radio screaming in my ear no no like um can we continue call without your car gets car he down the street like three minutes away uh who owns the car yeah he at the whole uh I don't think we're gonna be doing that today can I grab my phone can you get my phone uh yeah back up one second thanks for $200,000 alright we're gonna go to this car over here I don't know something bad babe hey come on I'm gonna go to passenger side what I'm gonna go to passenger side I don't belong in this court uh retail theft I believe what the f*ck I take what the hell can we go back and take that I didn't take anything I was in the driver's seat put me in the front seat no I gotta unlock it or something back there unlock it put it back there alright have a seat okay alright hold on one second we'll get it for you we'll get it for you put in your purse I'll get it just stand back OK the black one there I'll get it for you open it up for me OK just make sure you don't have anything in there that you should I don't care about weed or anything like that so just kind of relax okay I'll check back here oh f*ck me is anybody at Walmart I didn't even try this side blades there no receipts no receipts well this looks like later sh*t look at this yeah anything new watch this bottle it's all back hey this ain't new it's all filled with sh*t it's all old stuff it's all the same it's the same thing Mister Michael I tried the sound effects for 3 days and I got to the record and I was only able to get a valet so I need that for I am up to 3 days no we don't we need to have a fight she only got that for Protection service fight are you in handcuffs no no all right hey there I don't blame you but you can't have it alright so this is what we're gonna do I can't give it back to you by the kind you know just because the law states that but if she gets this car back you can do whatever the hell you want with it I'm not arrested I just got to know what the hell is here what's not going on this don't look no new some of the stuff I'm sorry but I do have a I do have a bag and that was from my like from my house though what like my clothes bag of what clothes oh okay which bag is it this bag no this bag they won't let you no then I don't need anything else that alright in the back you three ladies you have anyone to call that can come pick you girls up we're gonna call an Uber no I'm gonna call us an Uber you freaky I'm gonna call us an Uber where's the hotel at no I'm gonna call us an Uber you sure yeah it's nearby we can drop you off no we got it we got it what about his car though like they said the car is gonna be towed it's gonna be towed yes I can't take the car to him no she has my L she has my L listen to me if the driver has a suspended license and the vehicle has no insurance and it's also involved in a retail theft b*tch bye why why would they have us in the car with them why would they have us in the f*cking car wanna do me a favor and check a few minutes to my my squad here and make sure these two are not arrested she is yeah I know they are I'm in so she's cooperative I'm gonna turn the AC on for you OK young lady come here what's yours what's yours back here you sure you don't want to ride if it's nearby we'll take you you sure no okay so so call call Uber you girls are free to go okay but they said they would let me talk to him and I'm taking his phone with me and that and the officer already said that if he said that's fine then that's fine so can you take me over there take me a minute this is my alright let me see it this and then this is my shirt as well take that back oh my all my clothes scattered everywhere but like my bathing suit my crop top shirts why is she crying I don't know people stole stuff from a store it is what it is right we're not affiliated with this store I don't know why you ain't going to jail have a good night listen to me the driver has a suspended driver's license nobody has no insurance and it was involved in a retail theft oh it did this is the BTS theft okay now this is your boyfriend in the car right now he will be released later he's not gonna he's not going to prison okay he's going to us we're gonna book him BTS theft and he's out okay so you gotta have somebody here he's grown now he's grown so no he he he could just go alright so if you girls wanna go to a hotel what what police department they're gonna go to Villa Park Villa Park yes not too far from here alright so call Uber what about me that's Tricia this is that's my phone what about Tracy wait where's Tracy's phone still in there no she's got her phone um anyways now that the Tracy you said her name is no she has a warrant it's a little different no wonder okay can I go talk to him can I go talk to him that's one real quick you know he's being released all right I know you guys can hold off you can be like 30 minutes yeah 30 minutes an hour you can hold off you'll be good don't hold people on retail stuff no more you wanna go say something to him yeah can I talk to him please yeah come on what's this wow um this he's at the um hotel this one right here no it's about eight minutes out OK but you know what town it's in what is that is that fake oh yeah something not real you tell me it's real I don't even want to touch it yeah take it we're done it's up somewhere a little bit I don't I forget the name they're just searching for her yeah okay is she is she going yeah oh no yeah that's it check you real quick make sure you ain't got nothing on you ain't supposed to have you have one second get out of here right now if you are hold that again are you gonna get out of here right now we can't okay do me a favor never when a female does it more in depth search they go places we don't go do you know everyone here or no you do OK they don't care hahaha thanks Ronnie don't freak out appreciate it I know this must be so sh*tty about his car it must be so sh*tty hey hey go see officer blank what car officer blank back there sit back for me a little better yeah can I have her come up so you can say bye to her oh she's asking for your phone you wanna give her your phone what's that yeah OK you're gonna be with us for like maybe an hour tops smells like f*cking horsesh*t smells like fish or horse crap probably you got no warrants right you're on Parole no depending on your history even if your history is bad they don't detain people for retail theft no I don't got no I don't got no criminal record on my own no criminal history I got criminal history on my juvenile but not on my adult OK chances are you'll be walking like I said it all really depends on your level of cooperation f*ck you well now you don't have a phone you got phone numbers no i'mma have her she got my phone i'mma have her meet me right there okay what about my home she's coming with us she's got a warrant she got a warrant yup yeah she's gonna be locked up depends on what the warrant is she could post she could post if not then it is what it is hey don't call my mama I'm not they said they can let me out okay most likely if it's just retail theft I'll come get you you get the Uber I am alright alright good job yeah sure come on babe yeah we're good dancing out here throw a little skin get the hamburger meat out right here yeah I don't know what's going on wait what is the word what is the word you told me so obviously you know about a warrant that's why you're you're here with the cops but the car is that you have you have a suspended driver's license so you shouldn't be driving and there's and it has no insurance neither and since he was involved in a retail theft which we do have video clearly this morning at 10:43 so that's why you have a point start alright he's being told for that so and well the main reason why he's being told is because obviously you're driving while suspended driver's license can you come get it yeah cause at first I was driving these tracks are already gone that track is leaving right now that's not much love we don't have to pay so much money to the house unfortunately again no insurance there's nothing we can do about that there's nothing we can do about that we're gonna get you back to the PD what what is looking like for her right now my somebody keep calling my phone can you get it where your phone at it's up front yeah sure wait she wanted to talk to you this this girl you can talk to her hey after this after this I'm gonna come back to you I'm gonna call the police I'm gonna call the ambulance we can send the fire department we can send the police we can send the fire department we can send the police we can send the fire department thank you alright we're all set here okay I'm gonna take her to the police department she'll make phone calls there excuse me to clarify you said the car it's not it's not it's not like no charge to get it out I gotta call them up I gotta wait hold on a minute wait okay so like I said earlier like I said earlier she was driving so she's suspended so we told the dealer it's gonna wind up happening is that when she goes to the police department she'll have all the instructions out what needs to happen to get the car back it's not our car right so the owner's gonna have to go to the police department she'll have all the information have to go to the police department and there's a tow fee you gotta pay and it's expensive so they do have to pay yes okay okay again you make phone calls like some of the information in the car what do you mean like don't they need the information for the car we already have all of it oh OK yeah that's that's easy so alright so you want you want rides or you gonna call Uber so she said let them take us to the hotel so let them take us where's the hotel at I don't know and it's um I'm gonna put it up on my back it's close we'll uh we'll take you it's close it's um Holiday Inn okay but where it's right down here by um Bar Louie that's awesome go for Terrace right let me see if I can get the okay to give you guys a all right and I was here wait wait wait you guys have a room there or no wait I'm not gonna drop you guys off if you have no oh yeah we have we just paid for the room OK I'm not gonna drop you guys off I'm just gonna say I'm pissed off I'm pissed off OK I'm pissed off I just paid for the room what's under your name huh I was like can you um get them the all the point information the one that's what now all you can get them all the point information so that you can get your ass back like the I just don't want you to have all that you can give him a call I'm gonna get you out of here something happen I told you you'll call you can even call the owner up say this is what's going on you give him all the information okay you'll take care of that I already know what happened she said make sure I'm telling you I'm like you know I'm gonna make sure you're taking care of her she's calling her I got your phone yeah but not now at the police station okay bosses I'll give you guys a ride to the hotel alright thank you what car we get in say one more time the one next to the Bar Louie and over to Terrace yeah OK what car we get in you go with this gentleman here this young officer thanks man appreciate it alright ladies good luck so I'll be calling you OK alright see you bro 52 police sorry oh you're the man this is everything I mean that's all that's in the car oh sh*t they didn't try and use fake money right oh my god are you serious I didn't see that that's all it might not be yours well you know I wouldn't doubt it though cause we didn't have that uh I'm gonna they didn't try and use any of this right oh sh*t it's all fake money A SEPARATE FOURTH AMENDMENT QUESTION COVERS THE SEARCH OF THE VEHICLE ITSELF CARROLL V. UNITED STATES (1925) ALLOWS A WARRANTLESS VEHICLE SEARCH WHEN PROBABLE CAUSE EXISTS THAT PROBABLE CAUSE ALREADY EXISTS HERE SINCE A WITNESS AND VIDEO TIE THIS VEHICLE TO TWO THEFTS UNDER THAT EXCEPTION OFFICERS NEED NEITHER CONSENT NOR A WARRANT TO SEARCH THE PASSENGER COMPARTMENT OR TRUNK IF THE VEHICLE WERE IMPOUNDED A ROUTINE INVENTORY SEARCH COULD INDEPENDENTLY JUSTIFY EXAMINING ITS CONTENTS SOUTH DAKOTA VERSUS OPPERMAN 1976 PERMITS THAT KIND OF STANDARDIZED NONINVESTIGATIVE INVENTORY SEARCH STORE TAGS STILL ATTACHED TO THE RECOVERED CLOTHING ALSO SATISFY THE PLAIN VIEW DOCTRINE ON THEIR OWN THE RECOVERED STORE TAGGED MERCHANDISE BECOMES ADMISSIBLE EVIDENCE UNDER A WELL SETTLED DOCTRINE NOT A GRAY AREA STANDING ALSO LIMITS WHO CAN CHALLENGE ANY OF THESE SEARCHES LATER IN COURT RAKES VERSUS ILLINOIS 1978 HOLDS THAT ONLY SOMEONE WITH A REAL PRIVACY INTEREST CAN CONTEST A SEARCH A PASSENGER WITH NO OWNERSHIP CLAIM OVER THE PURSE OR THE TRUNK GENERALLY LACKS STANDING TO SUPPRESS IT ONE EVIDENTIARY CAUTION REMAINS FOR TRIAL SINCE MUCH OF THE BASIS RESTS ON A WITNESS ACCOUNT THAT DOES NOT WEAKEN THE STOP'S LEGALITY BUT IT DOES SHAPE HOW PROSECUTORS PRESENT THE CASE LATER THE STORE EMPLOYEE AND THE SURVEILLANCE FOOTAGE ITSELF BECOME ESSENTIAL WITNESSES IF THIS PROCEEDS TO TRIAL BOTH SUSPECTS ALSO FACE POTENTIAL CHARGES UNDER ILLINOIS RETAIL THEFT LAW 720 ILCS 5/16-25 OF THE ILLINOIS COMPILED STATUTES DEFINES THAT OFFENSE IT REQUIRES KNOWINGLY CARRYING AWAY MERCHANDISE INTENDING TO PERMANENTLY DEPRIVE THE MERCHANT WITHOUT PAYING FULL VALUE VALUE MATTERS HERE SINCE UNDER $300 TYPICALLY CLASSIFIES THE OFFENSE AS A MISDEMEANOR CROSS THAT DOLLAR THRESHOLD AND THE CHARGE ESCALATES TOWARD FELONY TERRITORY THE COMBINED RECOVERED MERCHANDISE IN THIS CASE FALLS COMFORTABLY UNDER THAT LINE TWO THEFT EVENTS HOURS APART ARE TREATED AS TWO SEPARATE LEGAL INCIDENTS NOT ONE COMBINED CHARGE CHARGING EACH INCIDENT SEPARATELY DOES NOT RAISE A DOUBLE JEOPARDY CONCERN SINCE EACH REST ON DISTINCT CONDUCT ILLINOIS LAW ALSO ALLOWS A HABITUAL THEFT ENHANCEMENT FOR DEFENDANTS WITH PRIOR RETAIL THEFT CONVICTIONS THAT ENHANCEMENT DEPENDS ENTIRELY ON CRIMINAL HISTORY WHICH BODY CAMERA FOOTAGE ALONE CANNOT ESTABLISH WHETHER IT APPLIES HERE IS A RECORDS QUESTION FOR PROSECUTORS NOT A DECISION MADE IN THE FIELD OFFICERS PAIR THE THEFT CITATION WITH A FORMAL TRESPASS NOTICE BARRING BOTH SUSPECTS FROM THE PROPERTY THAT NOTICE DRAWS ON ILLINOIS CRIMINAL TRESPASS TO LAND STATUTE SECTION 21 DASH THREE IT GIVES THE STORE AN INDEPENDENT CHARGE AVAILABLE IF EITHER SUSPECT RETURNS TO THE PROPERTY NOW RETURN TO THAT STACK OF MOVIE MONEY FROM THE OPENING FEDERAL COUNTERFEITING LAW UNDER TITLE 18 SECTION 4 71 PUNISHES MAKING OR PASSING FAKE CURRENCY CONGRESS CARVED OUT A SPECIFIC EXEMPTION FOR PROP CURRENCY USED IN FILM AND PHOTOGRAPHY TITLE 18 SECTION 504 PERMITS REPRODUCTIONS CLEARLY MARKED AS NONNEGOTIABLE FOR MOTION PICTURE PURPOSES BECAUSE THIS CURRENCY CARRIES THAT EXACT MARKING NO COUNTERFEITING CHARGE IS LEGALLY AVAILABLE HERE THE OFFICERS ON SCENE JUDGMENT TRACKS THAT STATUTE PRECISELY WITHOUT EVER NEEDING TO CONSULT IT DIRECTLY it it says for it's I'm not gonna charge them with it because it says this note is picture for purposes only motion pictures and it's not legal tender so they're not I'm just making sure they didn't try no as far as I know they did but I'm not gonna let them keep it because I will get you a total that thank you so much I was having an issue trying to find them and where they went and something well I don't know I don't know what you're gonna get on one and two well I'll tell you I'll uh technically they're separate so yeah if the if uh I mean if any of this isn't ours it won't break you know what I mean so yeah but I'm pretty sure it's pretty ha ha pretty sure it's not $300 worth no no probably not that that means that that the patrol may boost it up a little bit but I'll definitely we'll see if it's yours OK how you doing sir good how are you guys be safe out there alright tell him to stop stealing from Walmart where we at so far we're at 1:63 you type you're faster than me uh was this yours yeah OK now are you gonna ever figure out what they stole the first time or you not be able to I think I know that a bunch of them had color uh barely can I see through them it's gonna be really difficult but uh I did see a lot of clothing and so this could be for both I think it's for both okay so I'm just gonna do the one charge and trespassing that's cool and then cause either way it's two separate incidents I can't charge them for all one lump sum I mean they can upgraded if they wanted to the state's attorney's thinking they have a case for habitual theft but I gotta run their rap sheets and all that stuff so right now you got one charge for each one of them is wanted so we got that going nice and um that's it and then I'll trespass them both you can post pictures whatever you guys do okay cool and I'll be trespassed three six nine 11 there's a chance it's not from here they had clothes in this car yeah there was there was this wasn't from here it's yours it's possible I'm not getting back everything else is rung up fine oh there it is and that's not there you go no it didn't it didn't zap it off ON USE OF FORCE GRAHAM VERSUS CONNER 1989 JUDGES REASONABLENESS FROM THE OFFICER'S PERSPECTIVE AT THE MOMENT NOTHING BEYOND STANDARD HANDCUFFING APPEARS ON THIS FOOTAGE PLACING THE ENCOUNTER AT THE LOWEST END OF THAT SPECTRUM BECAUSE NO CONSTITUTIONAL VIOLATION IS EVIDENCE CIVIL LIABILITY EXPOSURE UNDER SECTION 1983 IS MINIMAL HERE EVEN WHERE A JUDGMENT CALL IS LATER DISPUTED QUALIFIED IMMUNITY OFTEN SHIELDS GOOD FAITH MISTAKES FROM PERSONAL LIABILITY REVIEWED AGAINST TERRY MIMS SCHNECKELOTH CHIMMEL CAROL AND MUNIZ TOGETHER NO CONSTITUTIONAL VIOLATION IS EVIDENT ANYWHERE IN THIS STOP NONE OF THIS RESOLVES GUILT OR INNOCENCE IT ONLY CONFIRMS THE STOP ITSELF WAS LAWFUL GRADING THE STOP RESPONDING OFFICERS EARN A GRADE OF B+ SEQUENCED REMOVALS A PROPERLY SCOPED CONSENT SEARCH AND CORRECT WARRANT PROCEDURE SHOW RESTRAINED PROFESSIONAL HANDLING ANTOINE LABON EARNS A GRADE OF B MINUS FULLY COMPLIANT THOUGH HIS ACCOUNT CONFLICTS WITH THE STORE'S EVIDENCE MATRICIA WILBORN EARNS A GRADE OF C+ CALM AND COOPERATIVE THOUGH HER ROADSIDE DISPUTE CHANGED NOTHING LEGALLY THREE LESSONS CARRY BEYOND THIS SINGLE CASE AN ACTIVE WARRANT CANNOT BE ARGUED AWAY AT A TRAFFIC STOP ONLY A JUDGE CAN RESOLVE IT CONSENT TO SEARCH IS VOLUNTARY AND ITS LEGAL SCOPE IS DEFINED BY WHATEVER PURPOSE IS STATED ALLOWED PROP CURRENCY HOWEVER CONVINCING IT LOOKS IS NOT A CRIME WHEN IT CARRIES THE PROPER MARKING LET US KNOW IF THERE IS AN INTERACTION OR LEGAL TOPIC YOU WOULD LIKE DISCUSSED IN THE COMMENTS BELOW THANK YOU FOR WATCHING AND DON'T FORGET TO SUBSCRIBE FOR MORE ANALYSIS OF POLICE AND COURT INTERACTIONS