IS THIS YOURS NO THEN WHY DID YOU PICK IT UP I TRIED TO FIND THE LADY DID IT WAS IT YOURS WHY DID YOU PICK IT UP BECAUSE I SAY I'M GONNA GIVE IT TO THE THE LADY THAT WAS THERE WHAT SEPARATES PICKING UP A LOST ITEM FROM COMMITTING A FELONY WHEN DOES POLICE QUESTIONING ON AN AIRPORT JETWAY BECOME A CONSTITUTIONAL VIOLATION THREE STATUTES FOUR SUPREME COURT RULINGS ONE SECURITY CHECKPOINT THE LEGAL ANSWERS MAY SURPRISE YOU TEXAS PENAL CODE SECTION 31.03 DEFINES THEFT AS UNLAWFUL APPROPRIATION OF PROPERTY WITH INTENT TO DEPRIVE THE OWNER THE STATUTE DRAWS NO DISTINCTION BETWEEN STOLEN PROPERTY AND FOUND PROPERTY BOTH ELEMENTS MUST BE PROVEN BEYOND REASONABLE DOUBT TEXAS PENAL CODE SECTION 31.03 ANY 4A SETS THE FELONY THRESHOLD PROPERTY VALUED BETWEEN 2,500 AND 30 THOUSAND DOLLARS CONSTITUTES A STATE JAIL FELONY A WATCH VALUED AT APPROXIMATELY $6,000 CROSSES THAT LINE THIS IS A FELONY LEVEL OFFENSE NOT A MISDEMEANOR HELLO MA'AM THIS IS HOW YOU DOING HI I'M OFF YOUR SIDE SO WHAT'S GOING ON I JUST HAD MY WATCH AND I JUST PASSED THROUGH AND THEN I TOOK IT OFF OKAY AND NOW AND I REALIZED AFTER HALF AN HOUR THAT I DIDN'T TAKE IT OFF BUT OKAY SO YOU'VE BEEN GONE FOR ABOUT HALF AN HOUR BEFORE SO HALF AN HOUR YOU IT'S BEEN A HALF AN HOUR SINCE YOU COME THROUGH HERE YES OK MAYBE A LITTLE MORE Y'ALL WENT THROUGH THE BAG IT'S NOT IN THERE NO OK HEY THIS OFFICER SIDE GOOD MORNING HOW ARE YOU TODAY GOOD WE GOT WE'RE OUT WITH THIS LADY THAT UH PLACE HER WATCH IN THE BIN WAS IT A GRAY BIN MA'AM GREAT BEAN LIKE THAT YEAH OK GREAT BEAN IT'S PROBABLY BEEN AT LEAST 45 MINUTES AGO WHAT HE'S DOING RIGHT NOW IS HE'S TALKING TO OUR MCR THAT HAS CONTROL OVER ALL THE THE OTHER OFFICER MY PARTNER UH I TALKED TO YOU GUYS I HAVE ACCESS TO ALL THE CAMERAS SO WE'RE GONNA SEE IF WE CAN SEE IT COME THROUGH AND IF ANYBODY AFTER YOU END UP PICKING IT UP AND GRABBING IT AND LEAVING SO IF THAT DID HAPPEN WE'LL DO IT DO YOU HAVE THE BOX IT CAME IN OR ANYTHING LIKE THAT OR JUST IT WAS JUST GIVEN TO YOU YEAH THE BOX OF WATCH NO NO NO IT WAS JUST I WAS READING IT I I GET THAT BUT YOU SAID IT WAS A GIFT YEAH YEAH OKAY BUT DID THEY GIVE YOU THE BOX WAS IT A RECENT NO NO NO LATER ON NO I MEAN I HAVE A BOX OF THE SAME TURKEY OKAY OKAY OKAY ALRIGHT SO THAT'S THE REPORT NUMBER AND DO YOU HAVE APPROXIMATE VALUE UH I'M NOT REALLY SURE BUT IT'S LIKE 6K MAYBE HUH 6K IT SHOULD BE 6K 6,000 YEAH IT SHOULD BE I'M SORRY I'M TRYING TO TRACK WHICH WAY THE PERSON WENT MCI PINK SHIRT JEANS BROWN JACKET OK IF YOU SHOW ME YOUR ID I'LL PULL IT UP FOR YOU HEY JUST REAL QUICK I THINK ALEX MARRIED TO A BOARD YOU KNOW NOT SURE ARE YOU I'M NOT SURE OKAY ALRIGHT WE'RE GONNA TAKE A LOOK DID HE COME DID HE COME TO GATE 16 SHE SAID HE WAS LAST SEEN AT GATE 16 OKAY IT'S 6:36 OKAY WELL WE'RE ON THE AIRPLANE WE'RE ON THE AIRPLANE RIGHT NOW GOING DOWN TO IT SO THAT'S WHY IT'S CALLING ABOUT MAKE SURE IF HE BOARDED SO WE'RE GOING ON THE AIRPLANE NOW OKAY THANK YOU IS BACK HEY SIR HEY I'M OFFICER SAX DID YOU DO IT YOU MIND STEPPING OFF THE PHONE YES YOU GOT YOUR BAGS GO AHEAD AND GRAB YOUR YEAH YOUR BAGS AS WELL HELLO SANDWICH THOUGH YEAH YEAH LOOK AT THE WORLD IS COOL COMPLETELY IT IS WONDERFUL HEY THERE SIR I'M OFFICER SCHMIDT UM THIS IS OFFICER SCHMIDT UM THIS IS OFFICER SCHMIDT CAN YOU TELL ME WHAT YOU PICKED UP OFF THE UH COUNTER AT THE CHECKPOINT YES OKAY IS THIS YOURS NO THEN WHY DID YOU PICK IT UP I TRIED TO FIND THE LADY DID WAS IT YOURS I DON'T KNOW BUT YOU JUST PICKED IT UP AND LEFT YOU PICKED IT UP OFF THE COUNTER BUT IT WASN'T YOURS CORRECT NO IT WASN'T MINE IT WASN'T MINE WHY DID YOU PICK IT UP BECAUSE I SAY I'M GONNA GIVE IT TO THE LADY THAT WAS THERE I DIDN'T FIND IT WHAT LADY SO WHY DIDN'T YOU TAKE IT BACK TO THE CHECKPOINT BECAUSE I THOUGHT I COULDN'T GIVE IT TO A LADY BUT THAT'S WHY I BUT YOU DIDN'T KNOW WHERE THE LADY WAS RIGHT I SAW HER I SAW HER SO I SAW THE LADY AND ACTUALLY YOU COMMITTED THEFT COMMITTED YOU COMMITTED THEFT WHAT'S THAT WHAT'S THAT THAT'S TAKING SOMEONE'S PROPERTY THAT DON'T BELONG TO YOU YEAH BUT IT DOESN'T MATTER YEAH YOU'RE RIGHT YOU'RE RIGHT YOU'RE RIGHT WHAT'S THE REASON WHY DID YOU GET IT ON THE PLANE WITH IT WHY NOT TAKE IT BACK TO THE CHECKPOINT I DIDN'T THINK ABOUT THAT I JUST SAY I DON'T WANNA I I I DON'T HEY LET ME WATCH YEAH I DON'T NEED TO TO I DON'T REALLY NEED TO I I I GET THAT BUT THE FACT IS THAT I'M SO SORRY YOU TOOK IT OFF THE COUNTER YEAH I'M SO SORRY THEN YOU YOU KEPT IT YEAH SO YOU'RE SORRY NOW BECAUSE WE CAUGHT UP WITH YOU YEAH YEAH YEAH JUST CALL ME UP JUST CALL ME BACK WE'RE GONNA WALK UP HERE AND GET IT UP THIS WAY OK AND SHE'S GOING OUT AT 14 OK I'LL BE RIGHT BACK SO SORRY SIR I I YEAH BUT YOU'RE YOU'RE ONLY APOLOGIZING NOW CAUSE WE SAW YOU WE GOT YOU ON THE PHONE YEAH I I I I SAY IF I DON'T FIND THE GUY AROUND HERE I'M GONNA GIVE IT IN IN BOSTON I SAY I FOUND THIS WHY WHY WOULD YOU DO THAT THEN WHY WOULD YOU PICK IT UP IN DALLAS THEN DROP IT OFF AT A COMPLETELY DIFFERENT AIRPORT WITH PEOPLE THAT THEY DIDN'T COME THROUGH TO SAY YOU FOUND THAT I YEAH BUT I MEAN THAT DOESN'T MAKE ANY SENSE THERE THAT WAS MY IDEA I SORRY WHAT IT WAS ALREADY SITTING ON THE COUNTER AT THE TSA DESK BUT IF YOU SEE THE THE VIDEO YOU CAN SEE THAT I WASN'T LOOKING THERE SPEAK UP FROM WITH YOU RIGHT NOW WHAT ABOUT WHERE WHAT WE'RE LOOKING AT OKAY CAUSE IT THE THEFT THAT'S NOT A CHEAP WATCH YOU UNDERSTAND THAT WATCH YOU TOOK IS MULTIPLE THOUSANDS OF DOLLARS WHAT IT'S THOUSANDS OF DOLLARS NO YES THAT WATCH THAT YOU PICKED UP IS THOUSANDS OKAY BUT THAT'S WHAT YOU GET WHEN YOU JUST PICK UP PROPERTY THAT'S NOT YOURS YOU DON'T KNOW AND THEN IT ENDS UP BEING SOMETHING THAT'S THOUSANDS OF DOLLARS THE LADY WHO OWNS IT IS BOARDING A FLIGHT RIGHT NOW IF WE'RE NOT ABLE TO GET THAT WATCH FOR HER I CAN SEND THIS IS GONNA BE AFFECTED I SEND IT TO HER IF YOU YOU'RE NOT GONNA BE DOING ANYTHING WITH IT AND YOU HAD NO IDEA WHO SHE WAS I UNDERSTAND I CAN SAY A LOT OF THIS IS GONNA DEPEND ON IF WE'RE ABLE TO GET THE WATCH BACK TO HER OR NOT CAUSE THAT THAT SHE AND IF SHE GETS IN AND SHE SAYS NO I DON'T WANNA DO ANYTHING YOU KNOW WE CAN LET IT GO THEN OKAY BUT IF SHE WANTS TO PRESS CHARGES AND GO FOR IT THEN THAT'S THAT'S ABSOLUTELY HER RIGHT UH SHE'S ON HERE SO I'M TRYING TO FIND HER HELLO HI HOW YOU DOING I'M FINE HOW YOU DOING GOOD YOU'RE SCARY FOR A YOUNG LADY FOR A WATCH BACK FOR OH I'M GONNA TRY TO FIND HER THERE YOU GO HOW DID YOU FIND THIS WE FOUND THE GUY THAT TOOK IT WHO GUY SO THE GUY THAT TOOK IT HE SAID HE WAS TRYING HE'S TRYING TO FIGHT FIND YOU BUT THAT WAS A LIE IT WAS THE SECURITY GUARD RIGHT YEAH THE GUY THAT WORKED WITH YOU YEAH I UNDERSTAND SO WE'RE WE'RE ARRESTING HIM RIGHT NOW AND I AM JUST TAKING HIM OVER THERE OKAY SO YOU GUYS BELONG HERE RIGHT NOT NO OKAY OLDER GENTLEMAN SO OH I THINK SO OKAY ALRIGHT Y'ALL HAVE A GOOD DAY DID YOU SAY YOU FOUND IT WELL WE HAD A GUY STOLE IT SO WE FOUND THE GUY GOT IT BACK FROM HIM AND TOOK IT UP THIS MORNING BEFORE DAYLIGHT SOMEBODY STOLE HER WATCH OH YEAH WELL WHAT HAPPENED WAS SHE LEFT IN THE TICKET ON THE BELT AT THE CHECK IN YEAH SO THEY FOUND IT YEAH THEY SET IT ON THE COUNTER AND THIS GUY WALKED BY AND PICKED IT UP SO ANYWAY ALRIGHT YEAH SHE'S GOT IT SO SHE'S HAPPY SO GOOD WHEN YOU TURN AROUND FOR ME GO AHEAD GO AHEAD AND TURN AROUND PUT THIS DOWN PUT THIS DOWN OK TURN AROUND TURN AROUND PUT YOUR HANDS BEHIND YOUR BACK SIR YOU'RE BEING ARRESTED FOR THEFT OF THE WATCH 1:22 WHAT IS GONNA HAPPEN TO ME TEXAS PENAL CODE SECTION 31.01 DEFINES THE TERM DEPRIVED IT INCLUDES DISPOSING OF PROPERTY IN A MANNER THAT MAKES RECOVERY BY THE OWNER UNLIKELY BOARDING A CONNECTING FLIGHT TO A DIFFERENT CITY WITH SOMEONE ELSE'S PROPERTY SATISFIES THAT DEFINITION BY THE PLAINTEXT OF THE STATUTE SECTION 31.03 DOT 1 REQUIRES THAT APPROPRIATION OCCUR WITHOUT THE OWNER'S EFFECTIVE CONSENT TSA PERSONNEL HOLD UNCLAIMED CHECKPOINT PROPERTY AS CONSTRUCTIVE BAILEE FOR THE TRUE OWNER MOVING THAT ITEM WITHOUT NOTIFICATION ELIMINATES IT FROM LAWFUL CUSTODY NO REPORT NO CONSENT NO LEGAL JUSTIFICATION A GENUINE INTENT TO RETURN FOUND PROPERTY CAN NEGATE THE DEPRIVED ELEMENT UNDER TEXAS LAW BUT INTENT MUST ALIGN WITH CONDUCT NO REPORT TO TSA NO REPORT TO AIRLINE STAFF A DEPARTING FLIGHT BOARDED CONDUCT DESTROYED THE DEFENSE BEFORE IT WAS EVER RAISED MIRANDA V ARIZONA 384 U S 436 1,966 REQUIRES RIGHTS ADVISEMENT BEFORE ANY CUSTODIAL INTERROGATION BEGINS IN THIS ENCOUNTER ACCUSATORY QUESTIONING ON THE JETWAY PROCEEDED THE FORMAL ARREST ANNOUNCEMENT ADMISSIONS OBTAINED IN THAT WINDOW CARRY SIGNIFICANT SUPPRESSION RISK THOMPSON V KIOHAN 516 US 99 1,995 ESTABLISHES THE CUSTODY TEST COURTS ASK WHETHER A REASONABLE PERSON IN THE SAME CIRCUMSTANCES WOULD HAVE FELT FREE TO TERMINATE QUESTIONING AND LEAVE BEING REMOVED FROM A COMMERCIAL AIRCRAFT BY UNIFORMED OFFICERS ARGUES STRONGLY AGAINST THAT FREEDOM TERRY V OHIO 392 US 1,968 PERMITS INVESTIGATIVE DETENTIONS WITHOUT MIRANDA WHERE REASONABLE ARTICULABLE SUSPICION EXISTS CCTV FOOTAGE CLEARS THAT THRESHOLD BUT TARGETED ACCUSATORY QUESTIONING EXCEEDING FIVE MINUTES BEGINS TESTING THE OUTER BOUNDARY OF TERRY IM SORRY I'M SO NERVOUS I HAVE TO CALL MY WIFE UH YOU CAN ONCE YOU GET PROCESSED INTO THE JAIL THEN THEY'LL LET YOU MAKE PHONE CALLS OKAY PROCESSING TO THE JAIL HUH PROCESSING TO THE JAIL YES SIR YOU'RE GOING TO JAIL OH MAN THIS IS SCARY HMM THIS SCARED ME OKAY WELL NEXT TIME DON'T TAKE SOMETHING THAT'S NOT YOURS NO NO I DON'T KNOW WHERE THAT THING IS UP HERE YEAH BE CAREFUL BE CAREFUL SO YOU WANT YOU WANT TO SEARCH YOU OR YOU DO YEAH HE SAYS SEARCH OK WHAT WHAT THIEF OR THEFT THEFT OK LIKE I'M SPELLING WHENEVER HOWEVER YOU WANNA SAY IT THIEF HEY A THIEF A THIEF WHAT'S THE DIFFERENCE ALRIGHT WE GOT THAT WE GOT THAT AND HIS PHONE YEP AND HIS MEDICINE LATER DAVID MORRIS SO I DON'T HAVE TO GET SCARED TO THE MASSACHUSETTS BECAUSE I I NEED A PUT YOUR PHONE RIGHT THERE I'LL I'LL HELP YOU JUST YOU GOT YOUR FEET THERE OKAY READY YEAH BECAUSE I'M SUFFERING ALL I'M JUST GONNA SEARCH YOU OK MAKE SURE YOU HAVE NOTHING ON YOU I DON'T EVEN KNOW IT WAS A WATCH SO IT'S OVER 100 YEAH BUT IT WAS RETURNED TO THE OWNER POST ARREST SEARCH IS LAWFUL UNDER CHIMO V CALIFORNIA 395 US 752 1,969 THE PROCEDURAL LESSON IS PRECISE MIRANDA TIMING ADVISEMENT MUST PRECEDE ACCUSATORY QUESTIONING NOT FOLLOW THE FORMAL ARREST ANNOUNCEMENT EARLIER ADVISEMENT PROTECTS THE INVESTIGATION FROM SUPPRESSION AT THE EVIDENTIARY STAGE THE WATCH WAS RECOVERED THE ARREST WAS MADE THE CAMERA CAPTURED EVERYTHING BUT THE CRITICAL LEGAL QUESTIONS REMAIN UNRESOLVED DID QUESTIONING ON THE JETWAY CONSTITUTE CUSTODIAL INTERROGATION UNDER THOMPSON V COHEN CAN THE ADMISSION SURVIVE A SUPPRESSION HEARING UNDER MIRANDA V ARIZONA DOES TEXAS LAW PROVIDE ANY VIABLE PATH TO A FOUND PROPERTY DEFENSE THE EVIDENCE IS ON CAMERA THE OUTCOME BELONGS TO THE COURT