so we can just uh couple where he's going is always and you can press that until our electronics like a speaker more clothes I think do me a favor just stand up you know put the books and replace them on the right $262 in stolen merchandise under New Jersey law that single number triggers a felony charge potential state prison time and a pretrial detention mechanism most defendants never see coming this is not a simple shoplifting case and the legal questions it raises do not end with the arrest so with this uh couple whatever she's wearing is ours and in her purse they have to conceal our electronics like a speaker more clothes okay um I think it's also makeup they were about to head out but then they turned and decided to go to toys they're coming this direction right now 45 yeah if you have one just send me a third year in case they rub it out of here thank you and he he's I don't know if he was recording himself or in the phone with somebody but he's bragging the what about me just have the next unit meet me by LP we're gonna try to catch them before they walk out and then have the third unit stage by uh the grocery entrance exit because they're doing paving on this side so they probably won't come out this side 28 pulling up momentarily 37 and I believe a 5 6 year old son Russell so Hispanic male he's got like a headband on ponytail white T-shirt black shorts Hispanic female navy blue shorts gray hoodie black hair carrying a Louis Vuitton purse so you should I pay for the for the for the for the clothes that you're taking the family still in the store come on come on come on so it's about 20 yeah open this side so I'll just stay out there for right now in front of the door so I just stay outside by the open door or the other one uh the the vestibule door the exit I'm gonna wait cause it's too rude it isn't so yeah waiting for the which way is he walking out he's he sees LP at the door and he's walking back in the store alright come in we'll go make contact with him he's passing customer service he's currently passing vision right now where is he he's still there I have a cop I have a cop I have another cop waiting on the grocery store alright we passed the McDonald's they look like they're probably gonna exit out of the grocery store I'll meet the other one at the corner all right they're exiting right now again young Hispanic male white T-shirt ponytail for the black headband Hispanic female and gray hoodie navy blue sweat carrying a Louis Vuitton purse this is recognized within the first the shirt he's wearing is also Louis I'm with everybody me fine to go and sell please repeat the sentence strictly lower case without punctuation and text formatting do you have an ID on you yes sir I got picture of my ID yeah yeah so this pants yeah the shirt where is it my pants are yeah yeah my clothes all the clothes no my shirt on oh that you can see I have my TikTok this is how I came yeah my TikTok 4 5 what about you do you have anything from the store you pay for just just your clothes stuff in the bag yeah in her bag the stuff in her bag just go through the whole thing there's merchandise in there you can go through the whole thing and just one chance to like be honest if you got stuff just hand it over don't lie I can do it too what's your address how old are you I'm 20 21 18 I think 19 actually so so we're here that's why he's so like the speaker is this yours is this all yours he's improving it the shirt he has on too yeah and the shorts so here is when you're out to you open it with the box you gonna go run out of the seat that's the speaker store yeah twee I ain't busy but we're gonna stop my car and I'll probably send it to my cell phone they are Jesse Romeo 9 4 yes pass it to her and then she'll save it on the back so he got more over there about 4 or 5 I took like the black one and red one and went back and picked more they're crazy no sé qué Somos uh huh open up the tank $104 I think so $70 first No. 1 2 3 4 5 6 7 8 9 10 11 12 isn't it nice when we have coffee yeah like a million dollars because I was supposed to be driving without a shirt but I had a shirt 4 5 give me the case number OK 0 1 8 8 2 9 alright so you got a reservation for me yeah what do you wanna do so it's like what what is the so it's like under $200 please repeat the sentence strictly in lower case without punctuation and text formatting um what's your name what's your number I'll be told us out I'll be told us out oh no uh just your name on the top goes your name and then your date of birth no event no no no no just just your name your name yeah and then date of birth no no how long is the press pass for so indefinitely if it's a press pass it's indefinitely any Walmart any Sam's Club indefinitely any Walmart that I can go to Walmart beyond Walmart Sam's Club no no Sam's Club either no yeah Sam's Club either I just have a question how come how come it's under Walmart they own it they own it and it's in definitely as in forever yes pretty much الله اكبر oh jeez I was on the wrong door LA Pao LA Pao que me está Poniendo el teléfono así and then you could talk about the situation the information so like all of this yeah and an email about what happened and they will have to like they will review and then review and then they will let you know when you speak up and it will be through phone right yeah I think do me a favor just stand up you know put the books in the place on the right can you put my phone number yeah turn up turn up I'm sorry how was it going to be about all the stuff you took this time and are we allowed to know the amount cause it would be two 62 62 we could arrest you even if it was under $100 it's not up to them it's up to us at the end of the day um do you have complaints can I take a photo of you no see how much it's gonna be um I don't know depends on your history is this Bill would not be acceptable there's no Bill I'll bring those shorts back to you later can I please have my phone no you're gonna get searched it's not gonna go in there where's my seat yours can I at least call my mom's I don't know I don't know I gotta get settled first no problem can I sit down I need you to sign something no problem I'm here so this is a notification of the situation I can show you guys can you get inside can I have this I'm sorry there's nothing else in your we get a call when we get to airport yeah it's not right away we have some stuff to do first but you'll get your phone put the shirt put the pants put them in there and have them change out I can bring them back later it's up to you um let me know before I put the cups on cause I'm gonna take them off again huh I'm just gonna turn them off OK do you want to have a um period and you know what's the way right now so you say so you say I don't know your history but I think we're going to generate office computer by school get breast history I don't know what you're supposed to do but I don't know until we do the paper so wait um based on the so his computer basically what are the computers so always if I'm over the score I put a comment you're over the score yes and then if I'm under the score I put a comment and do you know again I won't know until when no I'm not saying you know what my score is you know what the so it's spit out two numbers it's over three it's two numbers so it'll be a 1 and a 1 or 2 and a 2 or 3 and 3 it's over 3 here you go wait wait over three so basically 1 to 6 1 to 6 so if it's over three then we go to town but that you it does it depend on the situation or the does it depend on the history like you said it's all history please all history please you can leave that on my bed well we gotta we gotta separate them anyway ready just upload that one as soon as you can so I can look at it okay the shorts question so if I do like if you was to go to county what would the process act like I'm not I don't I know about it but I'm not too familiar with it you go to county from store you see the truck the next morning oh it's usually how I go which side you go you go on the other side right and oh one more question I'm sorry what happened last night um there's the hold on wait is the money that basically you know how you guys said this amount that's just goes on a charge no I know but does it does it get separated between the both of us or does it no so it's one thing I don't I don't know like it's it's it's one amount it's the two eight two 60 or whatever so it'll be like two 60 on both of them two 80 what happened hold on back up sir it's me it's my uncle OK hey le puede llamar a a a a mi papá está trabajando ah está trabajando no voy a voy a llamar a mi mamá I mean what your mom see can can you just call my dad real quick you can do that can I just say something quick with them I can't speak to them right eh dile que yo voy para sicocos o tú vas a estar con Ella no para sicocos para para para para para adentro de sicocos atresito de sicocos dile que yo voy para allá air lemon and everything fine New Jersey Statue 2 c 2011 codifies the shopkeeper's privilege a merchant or authorized agent may detain a suspected shoplifter when reasonable grounds exist provided detention is reasonable in manner and duration the standard derives from Terry v Ohio 392 US 1968 direct observation of active concealment across multiple departments satisfies this threshold under New Jersey Statue 2C 2011 dot 2 shoplifting valued between 200 and 500 dollars constitutes a crime of the fourth degree carrying up to 18 months in state prison and fines up to $10,000 the line between a disorderly person's offense and felony level exposure is $200 at $262 both subjects crossed it the purse search was conducted without a warrant Schneckloth v Bustamonte 412 US 218 1,973 holds that voluntary consent removes the Fourth Amendment barrier to a warrantless search however consent given within a custodial detention environment carries a heightened voluntariness standard whether that standard was met here is a question a defense attorney would raise at suppression the male subject voluntarily stated he returned to select merchandise across multiple visits under Rhode Island v Ennis 446 US 291 1,980 unsolicited statements made outside custodial interrogation are admissible without Miranda warnings that admission independently satisfies the purposeful intent element required by New Jersey statute 2C 2011 separate from and in addition to all physical evidence recovered the trespass notice issued here activates New Jersey Statute 2 c 18 3 any return to any Walmart or Sam's Club property after written notice constitutes a separate criminal offense charged independently of the underlying shoplifting count separately under New Jersey Statute 2 c 2011 a the merchant retains right to pursue civil recovery from both subjects regardless of the outcome of criminal proceedings New Jersey's Criminal Justice Reform Act eliminated cash bail in 2017 under New Jersey Statue 2 a dot 162 17 pretrial release is now determined by the Public Safety Assessment a computer generated score from 1 to 6 measuring flight risk and likelihood of new criminal activity a score exceeding 3 on both axes triggers mandatory county detention no officer has discretion to alter this outcome three questions this footage does not answer was Miranda properly administered before law enforcement questioning began in that back office and if not what does the prosecution lose at trial what did the public safety assessment actually generate for each subject and did either spend the night in county and did Walmart pursue civil recovery under New Jersey Statue 2C 2011 a on top of the criminal charge the arrest is on camera what follows is not