Can she walk me in the bathroom? >> No. >> I'm bleeding. Like, >> no. >> She's walking with me. >> No, you're not going anywhere. >> I can't even go pee. >> No, you cannot go pee. >> How do I supposed to use the bathroom? >> It's either you make phone calls now for somebody to get your kids. Okay, I'm helping you. That or I put you in handcuffs and we just go. >> No, we're not doing that. >> So, we have to listen to >> It's my You're in my custody right now. You're not free to go. You're under investigative detention right now. Okay. >> You know what that mean? someone. So, I just can't just go home. >> Why? >> More like you just stole a candy bar. Okay. I guess there's a question about almost $11,000 worth of lottery tickets. >> Okay. >> But you don't have a phone that is >> on November 8th, 2022, officers responded to a Wind Dixie in Florida where management had compiled 4 months of documented evidence against a cashier suspected of stealing over $10,000 in lottery proceeds. >> [music] >> All right. So, what's happening is we have an associate. Um, okay. We started seeing some lottery shortage over here, for instance, ticketing online. >> Uhhuh. >> Um, it started back around beginning of July. Um, and it's gone on till present. So, >> since July, there's individuals been selecting lottery cards. >> Lottery cards, playing online tickets. >> Yes. >> Okay. You want to go back in there for me real quick? >> Can you tell me what's going on? I can try to >> I don't know what's going on so I can I don't want my kids to be stuck out the door and >> I know. Well, we don't I don't know what's going on yet. So, let me talk to him and we'll go from there. >> Um, so I have her on video, you know, collecting tickets mainly at the liquor store. She would just scratch the bottom to see if they're winning or not, discard them if they weren't, uh, catch them if they were. And there's also another process on the cash register to where um like if somebody brings up a winning ticket, we can key in instant lottery redemption and then put in the dollar amount and then we pay that out. Well, she figured out that she could do that even without a winning ticket and everything still balanced on the back end in our world. But then when we got the bill from lottery, then obviously we were like, okay, well, we paid out more redemptions than what we received. >> And so that's when all this started to unfold. Um, so we're looking at um total that I can prove that she took88 >> was 10,653 [music] something like that during that time period. >> Every on video >> every on video I got it all on a thumb drive for you. Everything that on video I've got the our our report that shows our redemptions on our register and then the all of the redemptions on the Florida lottery terminal since we don't own that. I can get that through the state and that shows everything of what ticket she scan, what the value is on an Excel spreadsheet. So that's how everything officers arrived with far more than the reasonable articulable suspicion required under Terry versus Ohio 392 US1968 which authorizes brief investigative detention without probable cause for arrest. The employer produced surveillance footage, internal register reports, and independently obtained Florida lottery commission terminal data, which is government controlled and tamper-proof under Florida rules of evidence section 90.803. Under Florida statute 901.151, detention and arrest are legally distinct. The suspect had no right to leave, but had not yet been taken into custody for Miranda purposes. And those two lines must never be confused. >> For her information, doesn't matter. The machine is a machine. Anybody >> The machine's a machine. anybody can do it, but it's her scheduled shift. Uh, and obviously on video, she's the only one at the liquor store cuz we usually only work one person at the liquor store at some point. So, >> so basically she's been taking lottery tickets, scan the bottom if they're winners or not. They're not winners. They throw them away if they are winners. She scans them, takes money, and she found a way to get to make a lottery ticket a winner every time. And it's been going on since July. They have a n drive full of all the >> started July 2nd I think was the first date that we discovered. Um so do you have like date and times written out? Do you have anything written out yet or no? >> Everything's on that thumb drive as far as explosive spreadsheets. >> So she's basically taking lottery tickets, scanning them, but don't they have to be activated? >> They're all active because they're all, you know, for gameplay. Lisa, I don't know. >> I will tell you. We're trying to figure that out. I'm trying to figure out what I have. Okay. I'm going to figure out if we're taking a jail or not taking a job. >> Well, I know. >> I will let you know. Once I know, I will let you know. Okay. So, can you sit down for me? >> I won't lose [laughter] my kids. >> I have a seven and a child that's in school right now having asthma attack. >> So, let them figure out what's going on and take a seat for me. They'll figure it out. You know, they'll use so I just can't just go home. >> Why? >> Because the allegations I guess we have going on against going to investigate this all. >> Okay. Well, now that they did their investigation now they could tell us what they have going on. >> You say you had to talk to somebody else to finish going on and see what's going on. >> Well, they're providing us a verbal statement. What's been going on since July? Okay. So, it's not more like you just stole a candy bar. Okay. I guess there's a question about almost $11,000 worth of lottery tickets,000 tickets. >> So, yes, we're going to go. Hey, >> is that something you >> got? You want to You want that back or >> She's right. She's adding to >> Okay. $30, you bring it back, they expand it, they do instant audio redemption as a as a handy and then they put $30, we give you 30 bucks, >> right? >> Well, everything balances in our world until the state, which we only get quarterly. The state send us a bill that says, "Hey, >> you actually overpaid. >> We overpaid. We overpaid [clears throat] the redemptions because she figured out that she could just do that instant audit redemption for no ticket and get and take whatever money she wanted out of a fee." Correct. or no loser. Winner loser having a ticket. Not even having a ticket. She just goes up to the register and goes in lottery redemptions. $100. >> Okay. >> $100 ticket. >> Correct. >> You can just computerize. >> Is that normal practice? >> In my 15 years here, I've never had somebody figure that part out that they could just do it without actually getting >> So, obviously something on our back end that might [music] need to be addressed, but >> yeah, >> because it gave that opportunity. >> Okay. And then she played some online stuff, too. I mean, the online's probably a couple hundred bucks, but the rest is adds up to the, you know, 10,600 something. >> Okay. >> Two statutes apply simultaneously. Florida statute 81 12.014 grand. Theft first degree covers property valued at $10,000 or more. a felony carrying up to 30 years and the documented loss of $10,653 clears that threshold. Florida statute 817.034 the Florida Communications Fraud Act covers systematic schemes to defraud below $50,000. It is a thirdderee felony carrying up to 5 years. These charges are not mutually exclusive and each transaction may constitute a separate count. >> Do you have a print out of >> I didn't print it out cuz it was just so big. I mean these reports are >> PM that you uh USB that you have. What what is on it? >> I've got all the video um offer doing all this stuff. I have all the receipts >> video [music] security. >> Yeah, security video. Yeah. >> Time stamp dated. >> Yeah, timestamp dated. Um I have [music] one file that has all the video, one file that has um >> you okay? >> Oh [ __ ] Scared the hell out of me. Huh? >> I just been out here. >> She also figured out >> I just saw that she got up over there and you moved back. So >> you jump cuz she told me to make a phone call. >> So I'm trying to think of who can I call to get the kids and >> her children are about to get out of school. So she was >> but I do need to stay. >> That's what I'm trying to figure out cuz the people might make sure they >> So I'm trying to think who went around my house. >> I would I would try to figure it out. That's what I'm trying to do. >> So, while we're doing figuring out stuff [snorts] here, so you figure out what's going on. >> So, if you ask them to stated that they were just talking to me about this two months ago, >> I will gladly ask you. Don't worry about that. But I'm telling you right now, I'm going to be talking with them. We're going to figure out what we have going on. You have until by the time we come in here and talk to you about what's going on to figure out a ride for your family, for your kids, and going to jail. >> There's a possibility. >> Why? >> Because apparently you stole almost $11,000. my the Cory and Charles that run this store. They had a conversation with me and they wrote me up for >> Let me like I said, let me figure out what they have over here. >> Just get somebody to see if they can pick your kids up just in case if you do happen to go to jail. >> Think I'm trying to think who can I call. My family don't stay here. They say it's Georgia. >> Okay. Well, you need to figure out a family friend or somebody or I can call my friends child protection services. >> So, can I call y'all um one of the police officers that used to work with you guys? >> Can I get one? used to or does >> try and tell you about the meeting we had. >> Hang on. >> See, now he don't want to say nothing >> because he's talking with us. I told you he just can't interrupt. We're talking now. So figure out what you're doing. Figure out somebody with your kids. Okay. >> Can she walk me in the bathroom? >> No, >> I'm leaving. Like, >> no. >> She's walking with me. >> No, you're not going anywhere. >> I can't even go pee. >> No, you cannot go pee. >> How do I supposed to use the bathroom? It's either you make phone calls now for somebody to get your kids. Okay, I'm helping you that or I put you in handcuffs and we just go. No, we're not doing that. >> [ __ ] we have to listen to >> It's my You're in my custody right now. You're not free to go. You're under investigative detention right now. Okay. >> You know what that means? >> Okay. >> Okay. >> This the extra total amount. See, we can just put >> Let me ask you a question. >> If a police standing in front of me, they could they could deny me to use the restroom. >> You got to tell them why we're in front of you. They're making accusations of you stealing $11,000 from Windixie. >> Say it again. Let's see. Okay. Because with when I started back over here, he's saying that um $11,000 worth of lotto I took. So the police stand here. I have to pee. Like I'm bleeding. Like he telling me no, I cannot go. >> I just asked him. He said no. She can't even go with me. He said I have to stand here. >> Come. >> Yes. Just for that emote to that email right there. >> Yeah, sure. >> 223. >> She said if a female pull up me, I should be able to go. >> It has to be law enforcement. >> Y'all can't stand out the door. Ain't no bathroom. >> Do you have a I need a female to the bathroom? >> Oh my gosh. >> No. The thing is I'm having a female officer come here. It's going to search you prior to going to the bathroom. >> Oh, she can search me. You want me to take it? What's in my pocket? No, I wasn't opening my clothes. No, >> that's what's in my pocket. You're fine. But now >> the only thing in here is milk and it's leaking. That's it. >> No, you're you are fine. Okay. >> He's saying no. I said can't go. >> The denial of restroom access to a postpartum detainee is the single procedural vulnerability in this encounter. No court has established a categorical rule requiring immediate access during investigative detention. However, the 14th amendment prohibits preconviction conditions that amount to punishment. Prolonged denial of basic hygiene where the detainee is postpartum and actively bleeding generates civil liability exposure under 42 USC section 1983. The officer eventually offered the correct solution of a supervised female officer escort, but the delay in execution was unnecessary and avoidable. >> Why don't you ask her see if she will um >> go pick up your little ones just in case you do have to come with me. >> I cannot hear you. [music] Okay. >> She said the same thing you said. >> What? >> I'm sorry. When the police say something to me, I'll call somebody used to work for the police to work with. >> Okay. >> She said, "A long as it's a female officer, I can go. Other than that, if it's a male, I cannot go. I have to sit here and hold my hand." >> Okay. >> So, Mr. Art, >> so they didn't tell you about the write up they gave you for that. >> What's that? They didn't tell you about the write up that the whole conversation we had in here cuz I had it with Charles in court. >> That's fine. I mean, >> but this is about the same thing you just talking about. >> Correct. Cuz at that point, we didn't we didn't know where the loss was coming from. >> He said the lot. He said he said the lotto the lotto is messing up. So you whatever you're doing, you need to stop. He said cuz it's a a lot of money for that. And then after that it was another one for the >> go upstairs. We don't have time to do investigation. I know and >> so apparently apparently 3 days ago lottery police got contacted by Windixie about it. They compiled all the paperwork and all like the files and everything for Windixie. So there's a PDF up here with like tons of information on it about video surveillance. I guess each actual um scratch off ticket, dates, times, money value. I mean, we're going like 11 grand over 5 months, man. I mean, that that's >> Yeah, that's that's that's >> that's corporate problem. >> Well, it's theft. It's grand theft. >> William Vixie has their own corporate that investigates [ __ ] like this. >> Yeah. >> And they wait 5 months to do this. Well, they just knew about it 3 weeks ago because they got alerted by the state regarding I guess basically they sent a summary or whatever and I guess they said like, "Oh, you're you're over this amount because basically each ticket has a value." So, she would go in just go to a computer and just take money out without scanning a ticket. So, that they hit >> and then I guess that when they found out about it, they started investigating. They contact the lottery police. Water police sent him all the information. Um, I guess he just got the rest of the information, I don't know, yesterday, today, or 2 days ago. And then I guess, uh, she's here, so nobody's talked to her yet. Um, I guess lottery police said that they have too high of a workload that they're not going to come take this. And that it's just simple grand theft. And if you need him to come to the station to uh, go this way to explain all the paperwork and how to read it and all this other kind of stuff, >> they've been helpful already. So, >> he'd be more than happy to come to you. I appreciate everything else. Like I [music] don't understand why they just don't do it, but whatever. >> So, I just need you to fill out a statement form. Basically, just put your information here. Okay. >> Down here, put her information >> and then let's just make this the easy way. So, on the statement form, just write um >> on this date at this time, I was informed of XYZ. Um, you begin an investigation which you ultimately determine that from this month, this day to this month, this day, employee X was doing XYZ. Um, you contact the lottery police. Uh, they went ahead and sent you over all the files as far as video, dates, times. I'm assuming the the transactions >> yeah like all the video and all the register transaction was from us and then I had to go through the state to get the the the lottery their lottery terminal reports and that's what I contacted >> the scans of the actual scans right >> and then just say you got all that information um just say that um it has been determined that the total amount of of of theft from um you know business or whatever is x amount of dollars um and then just put in there that you wish pursue charges. >> Okay. >> All right. >> Okay. Cool. >> I mean, that's >> I mean, we don't have to go too deep into yours, >> right? I mean, everything's on the thumb drive, so >> I know it's going to take some time to do day by day and each time. And I mean, that's a lot. >> That's what I was going to say. It's probably going to be she obviously depending on she says her. If she doesn't like it, then we'll have to release her while we continue to work the investigation because it sounds like it's kind of in depth for months, right? So, um, and once we arrest her, the state has 33 33 days to file on those charges. So, if we can't really make sense of it for them, then they're going to drop it. >> Obviously, the only thing I'm worried about is restitution. So, obviously, I have to go through the prosecution part to get that. >> So, is it is it Windex that's at a loss or is it for the lottery? >> I'm at a loss for the value of the tickets. >> Now, the cases that I've worked for in the past is we'll prosecute for the value of the tickets cuz that's my loss and then the state goes after that person for the winnings of those fraud tickets. >> Okay? Yeah. >> So that's what usually happens. >> That's even more in depth for the floor. >> Yeah. >> Yeah. What's the total value for the almost >> for my loss is 10,000. Yeah. 10 10653 >> for the uh just the >> for the tickets. Yes. >> Okay. >> Yeah. >> Yeah. Then the value for the date is probably going to be triple that probably. >> Yeah. Depending on what you >> Yeah. So, like I said, just on that just kind of like just this date you found out about this, you began an investigation and then, you know, just kind of the format of it. So, cuz I I'll likely I'll be I'll be doing the initial just a brief just we got here. So, this is where you said it was handed over to them to >> spend the more manpower time to sit there and go through everything. So, >> what's most likely going to happen is they're going to take the initial report. it'll come up to us and we're going to hold everything that you provided them and kind of make sense of it for the state and then file the charges. >> Okay. >> As long as I'm in the courts. I mean that's my only hope is cutting restitution. So >> who do you want to do an interview? >> You have more. >> I don't really have a lot of knowledge but I'll give a shot. I always look over this chair doesn't break on. I just want >> What was your What was your I know your your last name is Bird. What was your first name again? Ma'am, >> you can read my my man right if you want to do. >> I didn't say that. But in order for me to speak to you, okay, because you are detained, okay, because we are doing an [clears throat] investigation. >> In order for me to legally speak to you, I have to read your Miranda warning. Somebody said you're going to jail, okay? But I have to read these to you. Okay. So, what was your first name? It states that the constitution requires I inform you that you have the right to remain silent. Anything you say will be used in court as evidence against you. You are entitled to talk to an attorney now or have him or her present now or anytime during questioning. If you cannot afford an attorney, one will be appointed for you without cost. If you desire to consult with an attorney first or have him during the interview, just speak up at any time. If at any time hereafter you wish to remain silent or have an attorney presence, all questions will be stopped. Do you understand your rights? You you willing to speak to me? >> Go ahead. >> Okay. Is that a yes? >> Is that a yes? >> Okay. But >> just there are resources out there. Okay. And if you need help, you need to contact us. Salvation Army, uh, rescue outreach mission. There there's a whole different slew of things out there. Okay? We have a pamphlet at our police department which is >> my address. >> So I know where you live to make sure all your information is right. >> Okay. >> There are pamphlets we have that have no >> 100 different types of resources out there. >> Okay. Okay. What do I have to do with my address? >> So I know where you live. >> Why you got to know where I live? >> For a report. >> My address have to be on a report. >> Everything will be on a report. This is what's happening. Okay. You're going to take a ride to jail. Okay. So, sit down. >> Come on. >> Who do you need to call? >> I don't have nobody to go get my kids. So, come on. Let's see. You catch >> hang tight. We have some some things that need to be handled over here. So, have a seat. >> Okay. What will be the charge? >> Grand theft and scheme of defraud. As of now, one count of grand theft and scheme of the fraud. >> But there's going to be more counts of grand theft coming down the road once they can go through everything and and atomize every individual transaction. So, every transaction is a theft. >> So, I'm going to have a felony charge. >> Yes. two felonies. >> But it's one count now, but it's going to add up. >> Okay. So, I won't even get no bun. Okay. >> I believe there is. Don't quote me on it, though. >> All right. So, have a seat. >> Hey, just just bring that later. I don't even need it. Come on. Can you do it out the door? >> I got to do it here. >> Do it right here. >> I don't need Stephen. All right. My arm. >> Okay. Well, I'm trying to put your hands on your back like you're like this. Like you're >> Stop pulling from me. Hang on. >> Put your hand behind your back. Okay. Stop pulling. Do you understand that? >> I don't walk down the stairs. >> Doesn't matter. You're pulling from me. >> You don't do anything that I don't tell you to do. Do you understand that? >> My hand was on your couch. >> I do the car. I'm not happy. Just leave. >> The officer does not administer Miranda at the start of the encounter and the law does not require him to. Burkimer versus McCarti 468US 420 held that investigative detentions are not custodial interrogation and Miranda does not attach automatically. The advisement obligation attaches when the situation becomes the functional equivalent of arrest. The officer crosses that threshold deliberately administering a complete and accurate Miranda adisement before any formal question is asked which insulates the encounter from suppression challenges. The rights read on camera are complete. Right to remain silent. Right to counsel. Right to appointed counsel if the suspect cannot afford one. Right to stop questioning at any time. The suspect invokes silence, which is the constitutionally correct response to felony charges. During handcuffing, the suspect briefly pulled away. Under Graham versus Connor, the Supreme Court held that force is evaluated by objective reasonleness, at the moment, not in hindsight, and verbal commands followed by minimal physical control, fall at the lowest tier of the use of force continuum. The officer receives a B. Constitutional compliance was complete across every decision point, including detention, Miranda timing, arrest, and force. The deduction is the extended delay accommodating a documented detainee welfare request, which created unnecessary civil liability without any corresponding law enforcement benefit. The suspect receives a C, invoking silence after Miranda was the correct legal decision. Resistance during handcuffing risked an additional obstruction charge under Florida law and the subsequent probation violation converted a community sentence into incarceration which was a foreseeable consequence of non-compliance. Wind Dixie management receives an A minus. The evidentiary package was exceptional with independent timestamped video and state lottery terminal records. The deduction is the controls failure that allowed fictitious redemptions to go undetected for 5 months before a quarterly state billing cycle flagged the discrepancy. Three takeaways from this case. Maybeo in fought. First, internal fraud that balances within a closed system will not surface through internal audits alone and cross referencing with independent thirdparty data such as lottery terminal records is essential for any retailer handling government regulated transactions. Second, Miranda timing is not automatic. Investigators may speak with a suspect during lawful detention, but the moment questioning becomes custodial. The advisement must be given immediately, and misjudging that line is the most common pathway to statement suppression. Third, detainee welfare is a due process obligation, not optional courtesy, and accommodating reasonable hygiene requests under appropriate supervision, eliminates a category of civil exposure that no department should accept. The suspect was charged with felony grand theft and schemed to defraud, sentence to two years of probation, then served 8 months after violating those conditions. The lottery she was running had only one guaranteed outcome, and it was never in her favor. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching.