Uh, she's been here a month and she, uh, has taken just, you know, about $1,000 worth of merchandise. So, we realized she was one of ours. >> When you do the training receipts, they do not allow you to take the sale [music] off. >> Basically, what she does is she selects a bunch of like makeup, clothes, food, anything she needs. >> Mhm. >> And then she'll go, grab bags, put all the merch in the bags, and then walks out with it. >> Got it. >> On March 9th, 2023, a Target employee with 30 days on the job was arrested at a Florida retail location after asset protection documented over $1,000 in internal theft across multiple incidents. Three legal questions define this case, whether the aggregate dollar value crosses Florida's felony threshold, whether the warrantless arrest rested on constitutionally sufficient probable cause, and whether the subject's own statement sealed the intent element the state was required to prove. >> 20-year-old female that, uh, uh, she's been here a month and she, uh, has taken just, you know, about $1,000 worth of merchandise. I'm the one handling this. >> Mhm. >> I'll have her down here in just a second. So, here's her statement, here's the evidence, and she'll be able to talk you through anything if >> Okay. >> I'm just giving you one second. She'll be down here in like a minute, all right? >> Got it. >> All right. >> All right, I just gave you a high-level overview. Um, what give me the the whole picture. What's What's What's happening? >> So, she's only been here for 30 days. >> Okay. >> We've only been able to prove a thousand something. She admitted to having taken it. >> Mhm. >> This adds up to $800 and some dollars. >> Uh, there is some on the third. I haven't printed any of those just yet. It's on the statement here. >> Oh. >> For 215. >> Okay. >> Um, that was I was able to find that last night, and then she admitted to it during our interview as well. >> Okay. What does TM stand for? >> Team member. >> Okay. >> Sorry. >> TM is good. I was like, "Huh?" >> I work at the Port Orange one, and there like they know my acronyms. going to write tickets. I don't know anything about this. All right. >> Basically what she does is she selects a bunch of like makeup, clothes, food, anything she needs. And then she'll go grab bags, put all the merch in the bags, and then walks out with it. >> Got it. >> She's saying the same one over like every day. >> Is the fourth the day that you like first saw it? And then you like went back on the third and saw it again? >> The fourth was the day that we were actually going to apprehend her as an external subject until we realized she was one of ours. >> Okay. And because curiosity kills the cat, why wait why wait until now? >> So I'm not the leader of the store. He was on vacation. She called out for most of her shifts after. So we were going to pull her on Tuesday, but she called out. Then she called out yesterday. But we Target for internals you have to get three at least instances. So she'll >> Florida statute section 812.014 fixes the boundary between a misdemeanor and a felony at a single number. Property valued below $750 is petit theft. At or above that figure, the same conduct becomes grand theft of the third degree, a felony. Florida treats a continuing scheme as one offense allowing the state to aggregate separate transactions into a single total. Each time the subject walked out with merchandise, she was adding to a running number that determined her charge level. Value, not method, determines the offense. >> So for you guys to stop an employee, they have to do it three times. >> At least enough to show a pattern. >> So, let's just say this Now, I'm just asking a question. Hypothetically, if if these didn't happen and it was just this, what would you guys do with just this? >> It would be up to my like higher-up HR. >> And they would they would decide what to do with it. >> Yes, like my level is like here. The one you saw right again, he's my boss. >> I got you. I got you. Okay. Um but the person that makes that decision was out of town or something, on vacation. >> Yeah. So, like the actual leader of this office isn't here, so we were able to get all this. >> So, on the 5th she's in a a different room down there they're doing her like termination paperwork or something like that. >> Was she an employee? >> Yes. >> Oh, I thought she was a customer. >> No. So, this here says Wait. >> Is there like Asian girl sitting over here? >> No, that's her. >> Oh. >> Thank you, though. >> No, that's not her. I saw somebody in the office. Is that her? >> No. >> So >> She's all the way in that store director office. >> So, we got on the 4th, which is this 290. But this adds up to 240. >> Well, this is pre-tax. >> Well, the total is minus tax 240. >> There was some on these that we couldn't change the price of cuz the underwear kept going in >> for 416 18. >> Can for a verification on this one when you're not working? >> Oh, regular price $5 regular 7. >> And then I believe that uh Deek, the APS here, was able to find a couple other stuff that she admitted to as well. >> Well, this this and this add up like 808 or something like that. >> Only George's. >> But it doesn't match here because of this this sale. So, regular price $7 for for 18. >> has NYX Ninja food blender and a facial steamer on it. >> That's what I'm on. >> Yeah, every single one has been close to like 220. Now again >> Oh, is that a blender? Is that what she's saying? Okay, so the blender, yeah. Regular price is $9. >> This isn't my store, so I've only been here for like the tail end of it. >> Mhm. Where did you work at? >> Um >> Oh. I'll go with that. All right. >> you were alive, but >> Where does it say, like for instance, if she bought two blenders, where would it say that she bought the like quantity of two? Where would it Where would it >> It would be right there, but that one just has the blender Levi's shorts in it. Um the only thing that was different that we were trying to change price was the underwear from what they told me. >> Okay, so all of this is underwear. >> Yeah, and bras. She has bras as well. >> So, she bought one one of these, one of these, one of these, one of these, one of these. >> Correct. >> But, the sale price is that. >> you do the training receipts, they do not allow you to take the sale off. >> Do you have them? You want me to bring her here? >> Yeah, she's just sitting in the office. She's quick to flee. >> You want me to go? >> Oh, yeah. >> I just believe it. >> Yeah, let's do that. Let's do that. >> I can walk you guys down there. >> Can we bring her in? >> No, we wrote her a pardon. >> Okay. I would say so, we're all in the right place. Can we bring that stuff down there? >> Yeah. >> You want to grab that? >> Yeah. >> Which way do I go? Oh, okay. Sure, sure, sure. >> Come on. >> All right, no idea where they went this far down. >> All right, let me knock on this door real quick. >> This way? >> Yeah, ready. >> Yeah. >> Come on miss Diamond. Do you do me a favor and just stand up for me? Okay. Now we're going to detain you right now, okay? Can you put your hands behind your back? >> Yeah. >> Put the backs of your hands together. >> Like you're praying. >> That's the other way. >> Okay. Either way. >> That's fine. >> All right. Do Do you have an ID with you anywhere or anything? >> Um no, I don't have it on me. >> Is it here? >> No, I don't carry it with me. >> So you didn't bring anything with you? >> Just my phone and my water and my lunch. That's it. >> Okay, where's your phone at? >> Um it's in my pocket. >> Okay. I'm going to read this to you cuz we want to ask you some questions, but because you're not free to leave, I have to read this to you, okay? >> Okay. >> You do have the right to remain silent. Anything you say can be used against you in court. You have the right to have an attorney present now at any time during questioning um by either me or um this is >> Officer Medina. Officer Medina. >> Um if you cannot afford an attorney, it will be appointed to you without cost. You have the right to stop answering questions at any time and speak to an attorney. Do you understand what I've read to you? >> Yes. >> Okay. Do you wish to answer my questions or no? >> That's fine. >> All right. That means yes? >> Yes. >> Okay. All right. So obviously we're here for um some shoplifting stuff. >> The Fourth Amendment requires probable cause for a warrantless arrest, but that probable cause need not rest on the officer's own observation. It may be supplied by reliable third-party information, which is exactly the posture here. Florida statute section 812.015 authorizes merchants to detain a suspected thief and execute a documented handoff to law enforcement. That handoff transferred the full evidentiary basis for probable cause to Detective Polk before any arrest was made. The arrest was constitutionally grounded the moment he entered the room. Miranda versus Arizona decided in 1966 attaches not to arrest alone, but to custodial interrogation, meaning custody combined with questioning. When a subject is told she is not free to leave and questioning follows, the warning must precede every question. Detective Polk administered Miranda in correct sequence rights, read understanding confirmed, voluntary waiver obtained before any substantive question was asked. That procedural step preserved the admissibility of every statement that followed. Theft under Florida law is a specific intent crime. The state must prove the subject knowingly took property with intent to permanently deprive the owner of it. A post-Miranda admission of motive and intended use provides direct corroboration of that intent evidence that surveillance records alone cannot supply. >> Do you want to tell us about that? >> I took a air fryer. >> It was a what? >> Facial >> It was a Universal thread trimmer by Conair. Blender. >> Oh. >> Um just because it's on the video of the Universal thread trimmer. >> is this all you do at work? >> Well, you just put it >> Like are you just work or do you have other things you do? Like Like in school or are you like >> Um um >> I already finished school. >> Do we have a um I'm sorry. >> I used to be an engineer and then I lost my >> I never received a video for this. >> Huh? >> What? >> Um the blender video. Couldn't he make one? I lost my job. >> Um I never received a third. You can do a video for it and a receipt for all that. >> Yeah, I can take it out there. >> Um we have the fourth. >> Have you been arrested before? >> No. >> 23197 >> The total not yet. >> This is over the misdemeanor amount, so unfortunately we're looking at felony charge. So, all right. On five we have 231 and 284. >> I mean, is was there anything I could do? Like get a second job or ask for overtime? I mean, cuz I mean when I'm I needed money to like buy stuff. >> I pick up overtime. >> So, currently I'm looking for a second job. I mean, they don't do overtime >> I got you, but I mean, if I'm in need of a facial, that's the last thing I want to buy. You know what I'm saying? A facial machine or whatever it is, a steamer. >> I was trying to make like side things. >> I get it, but I mean, if I'm a server or whatever, I'm buying food. I'm not trying to take stuff like that. >> I just got approved for snap benefits, so I am. >> What are those? >> Snap benefits. >> What are those things? What were you working before? >> I don't know. I used to do sales. >> Where? >> It was called Unity Exchange. It's for a charity and so I sold a lot >> What what kind of charity before were you working for that? >> I don't know. I'm not sure. >> What kind of charity? >> I was it since you were robbed. >> So, you're a smart girl. Cuz I know fraternity brothers are engineers and So, >> It was It was a good job, but just >> Okay, so you're a smart girl, man. Like, you know, this wasn't a great great idea. >> Of course they both took a vacation. >> Target spends a lot of money in surveillance and loss prevention, so you're going to get caught soon. >> Detective Polk receives a grade of A minus. The Miranda sequence was correct. The search incident to arrest was lawful and restrained and no force entered the encounter at any stage. The single deduction is an unsolicited editorial remark that added nothing evidentiary and departed from the neutrality required during active custodial interrogation. The subject receives a grade of C+. Full physical compliance prevented any additional charges, and her composure was exemplary. The deduction is significant. She waived her right to silence and answered questions on camera, providing the prosecution with a voluntary admission of the specific intent it was required to prove. Target asset protection receives a grade of C. The evidentiary work was methodical, producing clean probable cause through documented surveillance, aggregated receipts, and a pre-arrest internal admission. The deduction is structural, and insider allegedly enabled the scheme by manipulating the training receipt system, a fundamental failure of internal control. >> You said they found these items here in the bag. You want me to try and like scan them all? And she made it out with all of them? You want me to try and scan them? And in the bag? All right. I'm fortunate you're taking a ride, okay? So, you're a female, I'm not going to search you. You have anything on you I should know about? I'm going to take my phone from you. What's What's here? >> That's my lip gloss. >> Okay, I'm going to take I'm going to reach in and grab it out, okay? Anything else? >> Um that's all. >> All right, anything in your bra, or anything in your underwear? All right, like I said, you're a female, I'm not going to search you, but I'm going to let the female correction officers search you. Deputy, you search her. Um so, if you have anything on you, please let me know ahead of time so I can let them know, cuz if you have anything on you once it wasn't there, that's a additional charge, and that's out of my hand. That's the agency that's going to file the charge. >> Okay. >> Okay? Nothing Nothing at all? No drugs, needles, knives, guns, weapons, nothing? Nothing even where we can't reach. Catch my drift? >> Is Is this any Is this all your property out here? >> Um yeah. >> Car keys or anything? You can take Do you want your lunch box? >> No. >> Do you have your car keys? Do you have car keys? >> Hey, I'm going to take the handcuffs and just do me and I'll get back to you. >> Okay. >> All right. So, it's kind of like a parent payment plan to get out through traffic. That's everything. So, >> No. >> messing with me. I mean, I found a charge possibly like $1,000. All right, if you get a bondsman scoot over a little bit. I don't want to grab the I can call someone to Yeah, you know what? The jail will give you your phone. You get to write down two >> Three lessons from this case. First, in custody silence is not a technicality. Invoking it does not imply guilt, but waving it hands the prosecution its clearest evidence of intent. Second, Florida's aggregation doctrine means no single taking below $750 is automatically a misdemeanor if a pattern exists. Third, institutions fail not at the perimeter, but when the people entrusted to enforce controls are compromised from within. 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. >> three numbers. So, I'm really okay.