I don't have no alarm on this thing I was bringing it back you're wearing the coat you stole take that jacket off take it off the stolen jacket take it off I already I don't want you to recharge me for the stuff that I was trying to change I wouldn't do that a stroller a blanket a woman the officer already knew by name before this encounter ends she hands investigators everything they need to charge her without being asked a single question under oath this is about what the law permitted what she said and what it cost her my girl let's go let's go let's go exactly come on come on look look I don't have no alarm I was bringing it back you're wearing the coat you stole stop playing listen it's no look look at me we know each other right stop playing I didn't take stop playing I was bringing it back stop playing let's go I don't have no alarms on this stuff just relax I didn't take none of this stuff I've been watching you the whole time stop look at me look at me remember I got the straw I understand what you're saying but it's none of that stuff I don't wanna hear your bullshit I don't wanna hear it I don't wanna hear it I don't wanna hear it so I got sensors on that stuff no cause you took them off stop look look look I've always been fair with you right right we can do it before come on stop playing come on take that jacket off take it off the stolen jacket take it off I already already stop playing stop playing look at me look at me look at me I don't want to get I don't look look at me you're not making look at me I don't want to take the sweatshirt off stop you're getting worked up you're getting worked up can't even he's gonna sort it out look at me you're trying you're making this bigger than it is I've been fair with you always right I've been fair with you always right that's fine that's fine I'm not trying to put nothing on you you didn't come with you gotta turn around though you know the drill are you stop stop we'll talk inside right inside where inside headquarters you want me to take this off OK some of the stuff came in here with our radio look at me yeah but all the stuff is I didn't get from here I've been fair with you always right but all the stuff in it you're taking me to the car right yes what I'm saying to you is I don't want you to recharge me for I was trying to exchange that I wouldn't do that somebody I wouldn't do that I'm some of that stuff I came in I would do that to have a bag as a decoy so all that stuff I didn't say so look at me today have I have I said anything some of that you can't don't change more than this I'm not gonna make it I got you I got you but you're gonna get stuck in the truck you're talking to him I'm making it more than what it is we're going to the car right I'm bored you taking me to the car right now yes what I'm saying to you is I don't want you to recharge me for stuff I was trying to exchange it I wouldn't do that somebody I wouldn't do that some of that stuff I came here to have a bag as a decoy so all that stuff I did not take today have I have I said anything so some of the stuff you can't don't charge me with that I haven't charged you with anything yet so OK right now as exchange that's all I'm saying OK I got you listen to me I heard you hear me please OK turn around that's why that's why that's why like look at me look at me look at me that's why that's why like a gentleman I escorted you over to the hallway instead of doing that in front of everybody over there I'm not trying to charge you with something you didn't do okay right now it is what it is so let's just fucking Jack it I was trying to stop come on turn around why are you turn around your car right here yes relax turn around I'm asking them next I don't want them to walk me over to the court I know but that's our procedure I'm not being mean to you no that's our procedure we're just telling you cause that's our procedure that's why we're right here I just escorted you over to the hallway instead of doing that in front of that's why we're not doing it in front of the elevator escalator hold on hold on all that stuff is not okay we're gonna sort it out once we get to headquarters and then you're good that's it what's your name Amani what is it you know that okay that's what I'm asking you come on a baby in here right no just making sure the babies not getting suffocated I got it I got it I got it sit back there with her are you grabbing that no I'm telling you to take it out it's a big shot pocket yeah I got you I got it stop pocket you gotta chill you gotta chill it's called out right now I got it I got it I got it hey listen I'm being honest with you these are the guys you wanna be driving with okay we're gonna do we're gonna deal with you by ourselves at headquarters but you're good right now I promise you and we're following you inside right now we're go me and Officer Mcguire the Sergeant Mcguire right we're going inside with you right now you're gonna be dealing with the two of us for the transport I know you want to go in the other car these are the guys you wanna ride with they're aces I'm telling you right now I have a cage car with me no we don't have a cage once we get there okay alright my body cam is on so so just be advised of that okay alright can you zip it up so now it don't fall out please it's zipped it is zipped cause my you're wrong I apologize Amani what's your last name ah it's in the system I just what is it just for our records come on send me to the county let me know I didn't say a word about sending you to county I have you under for shoplifting right now that's the least of your words come on I ain't do nothing else exactly that's what I'm saying come on but I don't want you to take shit that I you know I if you claim you've been watching me you would have seen I came in with bags that's what you said yeah but you know I'm good at what I do right right but you seen I had a bag full of stuff under there right you seen that right I I seen it I didn't say nothing about that right so it's stuff in here that you come from no here well okay but what I'm saying is when you start feeding me lines of bullshit that's it is what it is I got you OK OK no stop stop stop he took my phone it's not like that he took my phone no no I have it's coming with everything's coming with I'm taking all your personal property I got it I got it come on come on you're going in that truck right there yeah we can make it all right so okay come on with me what about alright I'll talk to you in the car yeah please look look okay you understand yeah but you need to understand what I'm trying to tell you we can talk inside please I got you this this is why we weren't gonna do this ain't no string on this oh you want oh I got it I'm not gonna I'm not gonna cut it I'm just gonna unclip it I need some room man you're no you're needy today why are you so why are you being so needy you know we're gonna be cool in 10 minutes so why why don't be like that right now I'm going through the worst I'm not trying I'm not you see that babe I woke up I'm going through it seriously okay we can we'll talk about it we will talk about it I cannot go to what's the name let me make sure you don't got nothing else you don't got I told you I had a damn pocket knife ain't nothing in my pocket you said in the bag right yeah but okay nothing in your pocket still right I came here with no one's gonna take nothing you came here with there's nothing else right you don't have like a layer on under this nothing okay alright come on hold on nothing in these pockets nothing okay just chill we'll talk in a little bit alright hold on we gotta get her on that side to get her in come on no no no slide through I'm gonna open the door we have very low I respect it then you're in our custody right something crazy happens I respect it I respect it let's try getting you out of it I'm in the car up ahead of you we're following you guys let me assist her I got it go ahead go ahead you good let me just put the seatbelt on you just in case it's a two minute run alright here we go this way and then just watch your step right here so we're gonna go Barbie you follow me I'm locking it get her get the key alright we're gonna come right up this way you got the bag the purse is actually uh in my car her purse in the front seat of our car we'll get it in a second hey you wanna get it it's look I'mma lock it right now follow me right this way right this way let's all the way down this way body hello again what you got boss man Gator just give me 1 second thank you alright boss is it locked now alright thank you yes sir so um please light light skin guy purchase yourself OK that's a good idea on camera stand up face that wall stand up face that wall real quick when I take this cuff off you're gonna put your hand up on the wall you hear me uh huh put that up on the wall don't move Jesus fucking Christ about to break a fucking hip in here put the hand on the wall don't move until I tell you to hey Cass hi do you mind I know you're doing other stuff but I gotta take this back off right you gotta take everything off just give not not everything just we get a female officer coming to search you real quick perfect thank you Cass sorry I know you're I know you're involved in all this stuff thank you ma'am those are yours right yes ma'am alright just spread your legs for me I'm gonna ask you to take this off OK do you mind if I pull my pants down I'll pull it for you you're good alright you can take off your mask you're good I'll do it for you you got a seat can you take off your shoes do you have any jewelry on you what year is it is your hair in a hair tie what year is it right now as long as you have no hair tie no I don't okay thank you you can pass that to me you keep them right yeah they're gonna be right here I'm gonna keep these they're nice though yeah and expensive I'm sure so this is what this is what you need they're my boots now thank you I'll probably I think they're men's boots if I'm not alright you don't have no alright cool just take off your socks for me real quick from the top inside out what you doing just yep from the top let's take it just yep just like that second one um just make sure you check her bra and all that too OK cause she had bird she had bird tools on her cast oh OK you good with her for a second yeah I'm gonna just ask you one more time to stand up for me back face this wall look this way yeah come closer to the wall I'm trying to this doesn't look right you're good no you're good you're good you got the seat what hand do you write with oh my right hand okay handcuffs are not meant to be comfortable but I got you I'll try my best alright you're good get ready in the boat sorry about that cast thank you New Jersey Statutes Annotated 2 c 2011 subsection e authorizes merchant employees to detain a suspected shoplifter when probable cause exists that merchandise has been willfully concealed direct observation of the stolen coat satisfies this standard the detention is lawful from the moment of contact loss prevention officers are private citizens not government actors Miranda versus Arizona 1,966 applies exclusively to custodial interrogation by state agents a retail employee is not a state agent all statements made to loss prevention are voluntary constitutionally unprotected and fully admissible the subject voluntarily stated she used a bag as a decoy that single admission satisfies both elements of N J stay 2 C dot 5 5 possession of an instrument designed to defeat security systems and demonstrated intent to use it for theft both elements established entirely by her own words when law enforcement assumed physical custody the governing legal framework shifted entirely the fourth fifth and 14th amendments dormant during the private merchant detention came into full force any interrogation by police required Miranda compliance before proceeding handcuffing a compliant non violent subject satisfies the reasonableness standard of Graham versus Conner 1000 989 no separate warrant was required for the physical search under United States versus Robinson 1,973 a lawful arrest independently authorizes a warrantless search of the arrested as a matter of constitutional law charges filed receiving stolen property under N J stay 2c27 and possession of burglar's tools under N J stay 2c55 and nearly 20 dollars in merchandise the base offense reaches the third degree crime threshold under N J Stay 2c211 carrying sentencing exposure of three to five years The Supreme Court held in Selena's versus Texas 2,013 that the Fifth Amendment right to silence is not self executing it must be affirmatively invoked a subject who speaks without asserting that right cannot later suppress those statements silence cannot be used against you admissions can the rule is narrow and absolute when detained by a private actor state your name decline all further questions and request an attorney every additional voluntary statement is admissible evidence every word beyond that is a gift to the prosecution one question remains unanswered the charges filed were receiving stolen property and possession of burglar's tools not shoplifting was this a prosecutorial strategy an evidentiary decision or something the footage does not reveal did the voluntary admission survive a suppression challenge the answer changes the entire outcome of this case