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I'm not doing nothing and I'm pregnant. >> Okay. >> What makes you think you can commit crimes while you're pregnant? >> I didn't do [ __ ] >> You're not going to push me. >> I'll push you. >> No, I didn't. >> Yeah, you did. >> Ouch, I did not push you. I pushed the door and you hurting my arm. I said I'm pregnant. Can you please speak because now I'm pregnant. >> All right, hold up. >> This [ __ ] is hurting me. That's fine. Do I got a choice at this point, you [ __ ] >> Absolutely you do not cuz you made your own choice prior to that. >> On June 27th, 2023, in Illinois, officers responded to a Target after two women walked out with over $1,000 in merchandise. One was 3-months [music] pregnant, the other was the driver, calm, cooperative, and talking without a lawyer. The real issue here is not what they took, >> [music] >> it is what they said. >> Lock your door. >> They came through that. That's their merchandise. >> No, it's not. This is not their merchandise. Lock your door. Stop, I didn't do [ __ ] >> You're not going to push me out of the way. >> I didn't do [ __ ] >> You're not going to push me out of the way. >> I'M NOT DOING NOTHING AND I'M PREGNANT. >> OKAY. >> What makes you think you can commit crimes while you're pregnant? >> I didn't do [ __ ] >> You're not going to push me. >> I'll push you. >> No, I didn't. >> Yeah, you did. >> Ouch, I did not push you. I pushed the door and you hurting my arm. I'm not resisting. >> All right, you stop, you stop moving. We got this whole thing on camera. >> No, I didn't. YOU DIDN'T EVEN GRAB ME. That [ __ ] IS HURTING AND LIKE I SAID, I'm pregnant. >> All right, you stop committing crimes while you're pregnant. >> Let let me go. YOU DON'T KNOW WHAT I DID. I DIDN'T do [ __ ] >> being let go. All right, you don't have anybody inside? >> I just stopped that. Don't even >> Okay, can you let me go? I'm not doing [ __ ] I'm not doing [ __ ] >> Can you please let me go? I'm not resisting. I'm pregnant. >> did resist once. We're not going to let you >> the door. Can you let me please untighten this? >> No. >> I'm not going to be quiet. Can you I'm pregnant. >> lying. Can you please untie me, I'm pregnant, please. >> No. >> I'm not resisting arrest. >> How many sets of cuffs you got? >> One. >> Cuz at some point we're going to have to obviously fix them cuz they're >> Exactly, and I'm pregnant. Can you please fix them now? Let me go, I'M NOT DOING [ __ ] I SAID I'M PREGNANT. CAN YOU please fix the cuffs now? I'm pregnant. This [ __ ] is hurting me. >> They were loading. >> That's all my [ __ ] I'm moving. >> We'll confirm that. >> You twisted my left wrist and that [ __ ] is hurting me. I'm not doing [ __ ] I can't twist it cuz it's so [ __ ] tight. What the [ __ ] are you talking about? >> I can actually see the >> It's leaving a mark on my wrist. >> No, it's not. >> is, gang. Stop talking to me like I'm [ __ ] stupid. I know what I'm feeling. >> Okay. >> Exactly, you just twisted my arm for me. Thank you. >> All right. >> Why? Why are y'all grabbing me so aggressively, bro? Y'all really going to piss me off. >> So, he he spoke with you >> I am >> in the car. >> I waited for him to finish. Before I had you walk over the police station just to just so you had to go to So, you obviously guys have the last word. Do you want to explain to me what's going on? >> Let me go, I can't go nowhere. God damn. >> You're going to our station. >> That's fine. Do I got a choice at this point, you [ __ ] >> Absolutely, you do not cuz you made your own choice prior to that. >> I don't give a >> do that. >> Negative. >> That's for uh What about the stuff in the car? >> I I don't know what's going on, officer. But she's obviously causing the problem right now. So, I'd like you seem the more like the more reasonable one. I'd like to hear from you as to what's going on. I mean, is there any reason why this is happening today? >> I got off work, yeah. >> And I ran to the store. >> What was that? >> I just got off work and I ran to the store. >> Negative. >> This is your car? >> Yes. >> That's for uh >> I'm with her. >> Yes. >> What about the stuff in the car? >> Yes. >> What were you guys looking for in the store? >> She is moving to an apartment. >> Okay. Did you guys pay for any of this stuff? >> Most of the stuff is mine, too. >> No. >> What about the computer? Did you try to scan anything or just kind of walk right out? >> No. >> Just walked right out? >> Yeah. >> 9116, did you get a 28 yet? Anything else in the car that you guys already loaded? >> No. >> She said that she I heard her she said that the stuff in the car is cuz she's moving. So, is anything in this car yours? >> No. >> It's all hers? >> Yeah. >> 9150, are you clear for your return? >> So, obviously if she's if she's stealing stuff and the stuff's not yours, we're going to go through your car and we're going to go ahead and find out what's in here cuz I don't want you getting in trouble for something that's not yours. Okay. So, is there anything in the car that you know that shouldn't be? Anything in the car that's illegal? >> Like like drugs or guns? >> Drugs or guns or something like that? No? Stolen any stolen property? Anything like that? >> No. >> No? I appreciate you cooperating. Um unlike your I'm not going to call your friend, just your acquaintance. I'm not sure how well you know her, but obviously you can see that she's causing problems. She's She's already in the squad sitting. That's why you're out here talking with us right now because we don't see the need to destroy your own squad car cuz you're not causing a problem. >> Well, I haven't lied and I have no reason to lie, but there's something in the trunk. Can you step over here? >> Yeah, yeah, sure. What's up? >> Like this is clothes that's already been washed and none of this stuff like we never opened the trunk at all. Like if they got cameras that they can see we never opened the trunk. So, this is nothing from the store. >> right? >> Yes. >> Okay. So, it's all got tags on it still, though. You got receipts for all that stuff? >> No. >> For real? All right. I mean, this is your car. And like I said, I I appreciate like I said, that's why you're right here with us and not in the car with like like she is right now. Um we're obviously going to research and track down all this stuff, but is this stuff that she stole as well or did you guys steal this together? >> No. >> What What is all this stuff that's in the car? I mean, some I I I know that people don't just buy a bunch of shoes and clothes and just leave it in their trunk. They you just don't They just don't do that. >> No, they don't. >> So, what Where did this stuff come from to the best of your knowledge? >> Well, we Yeah, a lot of this stuff out of her mom's house cuz like I said, she said she's moving. So, her mom stayed not too far from here and we just like loaded this stuff out. And then she wanted to stop at Target and that's where all this new stuff came from. >> Okay. >> This stuff has already been in the trunk. This is >> So, all obviously this stuff obviously was what you guys stole today. >> Yes. >> Um there's a TV in the back. Where did that come from? >> Yeah, also from from there. >> From where? From Target? >> Yes. >> Okay. So, So, So, the TV The TV is is in the back is from Target from today, she said. >> From this Target here? >> Right. Um >> And I did not put that in the car. >> What about You did I know I'm not saying you did put it in the car, but uh she put it in the car. Is that what you're saying? >> Yes. >> Okay. >> When the supervisor pulled the driver aside, she confirmed the television in the backseat came from Target that day. That single admission locked in probable cause for the vehicle search. Under Berkemer versus McCarty, Miranda warnings are required upon custodial interrogation. The question is whether she was in custody when she said it. She was not handcuffed and she was speaking freely. Still, the supervisor told her directly she had no choice about going to the station. A reasonable person hearing that would not feel free to leave. If a court finds she was in custody, every answer she gave before Miranda could be challenged for suppression. >> What what about all the hangers? >> Yeah. Yeah. One of them took a walk. >> There's like four bags of hangers and stuff. All right. 25 >> And then those totes are also stuff that we just got from her mom's house. You can like open it up and >> Okay, so so the totes, yeah, looks like that's >> Yeah, that would be >> used clothes. I'm I'm not worried about that at all, right? >> Would you mind coming out? >> Okay. And the the purse in the front seat, is that hers or is that yours? >> That was hers. >> And that see a green a little green purse as well? >> Both of hers. That brown one empty. That's her purse. Like I said, I got stuff from her mom's house. >> Okay. >> Hey, this is your car, you said? >> Yes. >> All right. Just so you know, you're missing two lug nuts. One one there and one there, see? Be careful. I mean, I don't want to see your wheel fall off or anything like that, you know? You seem like a nice person, so I don't want you to get hurt or anything. >> This car was in our town last night. We had a theft last >> Yeah, we got that one. >> So what where were you guys where were you guys last night? >> I was driving her around last night. Um I was somewhere and grocery I got to have grocery shopping last night. >> Here in here in town? >> Yeah, so I was grocery shopping. >> Where do you guys live? >> I live in Chicago. But I'm um she said she moved out of Schaumburg. >> So why are you guys all the way up here? Shop just regular grocery shopping up in Rolling Meadows? That doesn't make I mean I mean I mean just be real. That that doesn't make sense. You're not going to come up here to grocery shop. >> go to the store she wanted to go to. >> Which store is that? >> This one. This store. She wanted to >> So she was Oh, this is this her last night as well? >> Mhm. >> Got it. Okay. All right, well >> I don't know about no clothes a day ago. No, I was >> No, I I got you. I got you. I got you. You're being honest with me. I I no reason to not believe you. I'm um I'll tell you what, I'm the boss. So, I I'm not going to be the one that's going to be handling the the whole case. I'm not going to be, you know, interviewing you guys again. Um so, we're going to have other officers eventually going to come and talk to you. And I and uh I appreciate how how straight forward straight up front and honest you've been and calm. We appreciate that. I don't appreciate that um how she was acting. But, um just if you maintain that throughout this entire process, it's going to be much better for you than it is going to be for her. She's going to She's going to She's going to have problems. >> Okay. Can I ask you a question? >> Yeah, what's up? >> So, is there a way that some of this stuff could just be out here like can I just get it back without her getting in trouble or something like that? >> No, there the stuff was stolen. And and I again, the fact that she um I didn't see the whole thing, but it she definitely was pulling away from the officer and causing a little bit of a problem. So, we that's going to get addressed as well. But, the bottom line is you guys um whoever takes the majority of the responsibility, I don't know yet. But, the bottom line is you knew she was stealing. >> Yeah. >> And you guys were together. >> Mhm. >> I'm sure the video is going to show you both putting stuff in the shopping cart. >> Yes. >> Right. So, you both are going to have some responsibility. But again, the level of that responsibility is still up in the air. Um depends on if you how many times you're going to if you've been arrested before for retail theft. That matters. Um I have We'll get into that later. Um the level of your coop you know, the level of your cooperation, that matters as well. State attorneys are are They're looking for reasons to um I don't want to say give people breaks because everyone's going to be held responsible to some extent. But, um the level of which you're being held is going to is going to depend a lot a a lot on you and and um how you react to the situation the rest of the night. Does that make sense? >> Mhm. >> Okay. So, I understand >> What do you want? You were mean to Kayla for me. I don't like that. >> I was about That's what I was going to say. Look, I I think that we all got off to a little bit of a bad start. I don't like it when I see somebody Look to me like you were struggling or resisting with with one of my officers. >> I'll just be honest with you. I'll be completely honest. I'm already cuffed. I can't be no blunter than I already am. I'm not I wasn't I was not complying. I just pushed the door and closed it. Did I not? But, he never grabbed me. I just pushed the door and closed it. >> Okay. >> He never touched me. He never asked me to turn around. He didn't say nothing to me. So, that's not >> Well, I wasn't here for the conversation. So, I I don't know. >> right there. You pulled up first. You were out there. >> I was I was the first one to pull up. >> Whatever. >> Yeah. >> But, yeah. You were still mean. I don't like that. >> I'm not always going to be nice. But, when you're yelling and you're yelling and >> cuz I'm pregnant and I asked y'all to release the cuffs just a little bit. And I'm like I'm going to run. >> We did, right? We took the cuffs off. >> [ __ ] minutes. And like I said, I'm 3 months pregnant. >> It definitely didn't take 20 minutes. >> It took too damn long. I'm a human being. It don't matter what I did. I don't deserve for my wrist to be twisted up to my neck. That's not respectful. >> Okay. Well, respect goes both ways. >> I was respecting him. I didn't do [ __ ] to him. >> going to be um probably in a Not me. Um, the other officers are probably going to be with you for a little while tonight. And just just remember that respect goes both ways. That our I'll make sure that our guys are respectful to you and make sure that you're respectful to us as well. Okay? >> Okay. Does having a pet dog with me I'm just >> I think it's my job to make sure that trying to make my my guys work as easy as possible. And if somebody is is um, argumentative, causing a problem, it makes my job I didn't say you did. I'm talking about in the future. That's why I'm here talking. I'm just saying I If if you're respectful, yeah. All good. >> would hope that your colleagues and Y'all do have a reputation people and being aggressive and talking to death I'm like I mentioned I'm 3 months pregnant. I don't want to have to go through that. So I'm not taking anybody through any extra trouble. I just don't appreciate being disrespected. I'm an adult. I'm a mom regardless of whatever the idea. I don't want to be disrespected. >> Got it. Okay. Sounds good. >> Thank you. Why are y'all Why are y'all pulling out [ __ ] that was already mine? Like >> We got to verify, right? We're just doing our job. >> You don't know that though. Half of that [ __ ] is paid for. >> Okay. >> already. >> Sounds good. >> Whatever. >> Sorry y'all for being here. Help out, please. We're going to go into the open garage door here in a second. >> You do not have to grab me every time. I'm not going to run, bro. >> So there's cameras all over the place. >> Duh. >> And if I don't, then I get in trouble for not doing my job, right? >> Y'all don't know that. >> And I don't I only have 11 months to do this job left and I'm not getting in trouble. So I'm fine. >> Are you done being a [ __ ] cop, huh? >> What's that? >> You done being a cop? I mean that's fine. >> I am and I'm very excited for it. Just hang tight right there, please. >> I'm really confused as to why I'm dealing with merchandise that really was not stolen. >> So I don't know what is stolen or what isn't stolen. But they have cameras everywhere. So we can differentiate the two. Figure it out. It's our job, right? They They got cameras all over the place, right? >> What they mean? >> Target has their cameras. >> Right. >> So between Uh don't fight don't figure it out. Don't worry. They're very good at their job. >> Okay. >> I hear you. >> Cuz y'all was mean to me and I don't appreciate >> How was I mean to you? >> I don't like the way y'all handle me. If I said I'm in pain, I'm in pain. Don't treat me like I'm George Floyd. >> I didn't treat you like you were George Floyd. >> Taylor. >> Did I treat you? Okay, first of all, George George Floyd got put on the ground and knelt on for like 9 minutes. You didn't get put on the floor. You didn't get put anywhere for 9 minutes, right? But you didn't get put on the ground. But you didn't get put on the ground. Number one, number two, Breonna Taylor got shot. Did anybody shoot you? >> I remember it felt it felt like I was being shot because y'all didn't even give me >> You didn't get shot. >> Y'all didn't chance. [ __ ] everybody everybody that's scared of the police when y'all >> All of that is so not true. That is so not true. >> It is. That's what that's the >> I have come across so many black people that have been very supportive of the police, so. >> Good for you. I support the ones that are nice. >> So you support me. >> You were not nice to me. >> High five. >> That's >> Knuckles? Okay. See, you like me. >> You all right. I'mma be upset if your colleagues take the [ __ ] that I worked hard for. I really am. >> I understand. >> Cuz I don't have a issue with saying >> I got it. >> what was took and what was not. >> I understand. I totally get that. >> It's a lot of [ __ ] with tags on it that were was not stolen. I transported it, as you can see. Can't you see clothes in a big ass laundry bag? >> But now you have to understand. >> I have clothes in a tote. I have clothes that were shoes, boxes of shoes that I paid for. >> I get it. >> Literally. This stuff was not stolen. >> Okay. Understand. I'm not out there. That's not my part of this. My part of this is just to get you and your >> [ __ ] that's not >> But but let me ask you this. How are we supposed to see what is stolen and what isn't stolen if we don't look through it. That's part of our job. We have to. >> And cuz what was in the carts is what We didn't even get a chance to put the [ __ ] in the car. >> That is not true. >> What? Where did we put it? Okay, the TV and what else? >> I don't know cuz I wasn't I didn't talk to the security people. I didn't talk to anybody else. So, I don't know. And to be fair, I don't know. I don't have the answers. All right? You know what I know? My day is supposed to end in 10 minutes, and I'm supposed to be off for the next 2 weeks. That's what I know. But, that's probably not going to happen right now. >> And your job is done in 11 days. So, how you going to be off for 2 weeks? >> 11 months. >> 11 months. Okay, good for you. >> On the detention, target staff identified both women, giving officers reasonable articulable suspicion under Terry versus Ohio. Under Illinois Compiled Statutes Chapter 720 Section 5/16-25, retail theft over $300 is a Class 3 felony. At over 1,000, this was a felony arrest from the start. Under Graham versus Connor, force must be objectively reasonable under the totality of circumstances. The handcuffing was lawful, but she was secured, not fleeing, not a physical threat. Law enforcement best practices require prompt response to restrain pain complaints from pregnant detainees. That gap is legally relevant in any use of force review. On the vehicle search, the driver opened the trunk and pointed out what came from the mother's house. That likely constitutes consent under Schneckloth versus Bustamonte. Separately, the TV admission gave officers probable cause under the automobile exception to search without consent entirely. Both bases existed at the same time. The resisting arrest charge rests on Illinois Compiled Statutes Chapter 720 Section 5/31-1, knowingly resisting a peace officer in an authorized act. Pushing the car door and pulling away meets that threshold. Her pregnancy is not a legal defense, though it may be a mitigating factor at sentencing. On the arresting officer, the arrest was legally grounded, and he did not escalate beyond handcuffing. But, his comment about committing crimes while pregnant was needlessly antagonistic. The delay in addressing her pain and the remark about having 11 months left on the job added up to an arrest that was legally solid but tactically rough. On the supervising officer separating the subjects and interviewing the driver independently was the right call and produced the most important evidence of the night. He represented the legal consequences accurately. His main exposure is Miranda. His own words telling the driver she had no choice may have crossed into custodial interrogation. On the pregnant subject, her resistance added a charge to an already serious situation. Her fear was real and her pain was legitimate. But physically pushing back during a lawful arrest cost her. On the driver, she was honest and composed but answered questions she was not required to answer without a lawyer. Good character is not good legal strategy. Lesson one, when an officer tells you that you have no choice that may be the moment your Fifth Amendment rights matter most. If you would not feel free to leave courts have held that is a custodial situation. Anything you say after that point should come after Miranda, not before. Lesson two, disclosing a pregnancy during detention is legally actionable. Officers have a duty of care. Say it clearly, on camera, and repeat it. That record becomes evidence in any use of force or civil rights review. Lesson three, the dollar value determines the charge tier. Over $300 in Illinois is a felony. Know where your state draws that line. Both women were charged with retail theft. The pregnant subject was additionally charged with resisting arrest. If there is a case you want broken down, drop it in the comments.
Danger Zone

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