the female subject's repeated claim that the male subject told her he would pay introduces a critical element mens Rea criminal intent under Florida Statute section 8 12.0 14 theft requires the intent to deprive without that intent no crime is committed if her belief was genuine and reasonable the statute is not satisfied as to her regardless of what she consumed at the table the bag search during investigative detention was lawful under Terry versus Ohio officers conducting a lawful stop may search for evidence directly relevant to the suspected offense searching for a wallet payment card or cash during a theft of services investigation falls squarely within that authority once management directed the officer to prosecute the encounter shifted from a potential civil resolution to a criminal enforcement action a legally significant distinction the handcuffing of the female subject was objectively reasonable under Graham versus Conner given her escalating agitation and unpredictable movement prior to restraint however the officer delivered no Miranda advisement at any point following custodial arrest under Miranda versus Arizona that advisement is required before any custodial interrogation spontaneous unsolicited statements remain admissible under Rhode Island versus Innis but any formal questioning without prior advisement creates a suppression risk the female subject confirmed on camera that she ate and drank at the establishment that statement satisfies the actus Reus of the offence the physical act required by law combined with the male subject's voluntary Assumption of full liability the officer's decision to release her was legally defensible under the totality of circumstances standard from Illinois versus Gates now for grades the officer receives a B he maintained consistent de escalation throughout applied handcuffs proportionately and made a sound judgment call in releasing the female subject once liability shifted however the absence of Miranda advisements following arrest and repeated paternalist verbal lectures outside his enforcement role prevent a higher grade the male subject receives a d he obtained restaurant services while misrepresenting his ability to pay directly satisfying the elements of Florida Statute section 8 12.0 14 he also placed a third party at risk of criminal arrest through those misrepresentations his eventual Assumption of responsibility does not constitute a defence to the underlying charge the female subject receives a B minus her mens Rea defense was legally coherent and ultimately recognized however she made multiple voluntary self incriminating statements without invoking her Fifth Amendment right to silence she did not request counsel at any point during custodial detention a significant tactical error regardless of the strength of her underlying defense hooters staff receives a B+ the employee delivered a clear factually organized account to the responding officer and communicated the establishment's prosecution intent direct giving the officer the legal foundation to proceed under Florida Statue Section 9 0 1 point 15 minor deductions for lack of pre arrival documentation three legal lessons from this encounter first silence is a constitutional right not a liability neither subject invoked the Fifth Amendment every voluntary statement they made could have been used against them second mens Rea is often the decisive issue in theft cases if you are accused of theft of services and you genuinely lacked criminal intent that defense must be preserved not waived through unsolicited confession third officers must deliver Miranda advisements at the point of custodial arrest not after subjects have already made incriminating statements procedural gaps at that stage create avoidable appellate vulnerabilities let us know if there is an interaction or legal topic you would like us to cover in the comments below thank you for watching and don't forget to subscribe to our channel for more content on police court interactions I let him try to call his brother to try to bring his debit card so he can pay the Bill and they hung out there for a minute and they try to run out the door I called him he paid for it he told me he paid for it so I'm responsible I'm responsible seriously this gentleman here and my boss has one place over here I have them at the table I just want to let you know that they did say that they did like um they did say that they did like like like let's see if they're over there right there OK yeah he's over there and she's right here I'm right here on September 5th, 2022 officers responded to a Hooters restaurant in Florida on a theft of services call a merchant's verbal report of an in progress offense delivered directly to a responding officer satisfies the probable cause threshold under Florida Statute Section 9 0 1 point fifteen that statute authorizes a warrantless arrest without requiring the officer to personally witness the underlying offense I didn't f*cking do shit I didn't do shit I let him call his brother to try to come pay and you guys try to run out on your tab I didn't do shit you you drank the beer right I didn't do shit you ate the food and drink the beer right so you did do something sit down have a seat I'm at my dinner party and I let him try to call his brother to try to bring his debit card so he can pay the Bill and they hung out there for a minute and they try to run out the door I called him so if it gets paid you're good to go yeah but I wanna trust that you got ID on you huh you got an ID on you yeah can you get it out for me yeah I don't know where it's at no it's not in there I don't have a doggy is this your property yeah what's your name Caroline huh Caroline spell it out C L O L C L C L how are you gonna pay your tab he was paying it OK and I came here with him I didn't f*cking where do you have an ID at all where the what where do you have an ID out of Florida yeah absolutely absolutely I'm not f*cking from here do you have any cards on you can I call for my name please I thought I did I thought I'm here do you have any cards on you do you have a wallet I thought I did I thought I had my I thought I did wallet um I don't know where's the girl at sure I can spend the money all are you serious yeah I'm serious I need you to take my shit I wasn't here with him I'm serious how are you gonna pay for your stuff he paid for it he told me he paid for it so I'm responsible I'm responsible seriously did you eat here yeah and yes really really yeah he told me he had me I'm not responsible for that f*cking shit how am I responsible for that because you ate here he he said he said he comes here all the time I didn't say he comes here all the time come here please please come here can you say he comes here all the time dude do he came here Saturday and I had to pick him up is this my fault that I have I didn't know who goes into a restaurant with no money here you go is that you yeah is your ID in here yup yes absolutely do you have any do you have any way to pay for this no no he told me he was f*cking pay it can I get my chips oh my god you're going through my chips yeah are you serious I mean we have enough to go through my chips you're going through my chips yeah we can you're going through my chips yeah let's go I'm not stealing I didn't know that I didn't know that I didn't know that I did not know that when some dude says I'm gonna take you out and take you to dinner I'm responsible for that you are you didn't get money where is he at where is he at where is he at he's saying that you're gonna pay you have to pay I am yes are you f*cking serious are you f*cking serious how are you gonna pay for this are you f*cking no I have no money stop swearing how are you gonna pay this I don't know I don't know what about the money in here you take what I have you can take what I have that's all I have that's all I have is $10 that's all I have what that's all I have is $10 53 46 together yeah it's all it's all together yeah alright we have to come up with $54 I have to know $54 it's 53 66 53 66 there was a two year old song of a picture of beer and two buffalo chips stop crying all right cause you know you're I don't have it okay well I don't f*cking have it by the time I come back you gotta figure out how you gonna get it anything out of her he's got no money so alright they want a prostitute I want you OK both alright what's your bag can you stand up real quick stand up next time ma'am make sure you eat somewhere you have your money oh aw stop moving stop moving face that way can you get my stuff can you get my stuff please can you please get my stuff yeah you have them nope don't don't rub your face on me please get my stuff that's fine please get my stuff it's gonna come with you I need to rub my face can you put it on that bag and I'll put it down I'm going to jail for real are you f*cking serious I'm going to jail am I really going to jail are you f*cking serious are you f*cking serious I'm going to jail are you serious I'm going to jail too so what the f*ck do you mean you're a f*cking piece of shit we'll take steps we gotta get are you f*cking serious shut up are you f*cking serious I'm going to jail are you serious I'm going to jail too so what the f*ck you mean am I serious you told me you had money the f*ck yes alright Michael where did you meet her at Michael on the street out here watch your step do you meet her out here on the beach no before the beach oh OK that's why she's tripping so much dude you know what I mean no are you f*cking serious listen hey you're gonna get don't say anything I'm not hahaha are you we're gonna go this way I'll see you in Brooklyn you're f*cking serious you good yeah I need you calm down am I really going to jail yeah just take a seat am I really going to jail the faster you get inside and take a seat the faster I can figure everything out now you gotta swing your legs in I can't ice and coffee alright sorry it's good to you're you're awesome I've never been in trouble in Florida since I've been here never I've been here four years and I've never been in trouble with the law alright so he's decided to take responsibility for all of this okay so we're gonna go ahead and and get you out of these handcuffs you're still gonna be documented that you were involved in this whole thing but you're not gonna be getting charged with it okay thank you so much oh my god thank you so much and he's took responsibility yeah he's taking responsibility so he's gonna go to jail but yeah but what did we learn a lesson here today yes sir don't ever take someone's word that they're gonna buy you food or anything if you're gonna go out to eat always have money to pay for yourself in the event that that person doesn't I have money I have money okay well and I didn't know that was gonna happen take this as a lesson Learned don't go out to eat with anyone unless you know that you have money or you know for a fact that they have money