Step out of the car. I'm I'm not asking you again. It isn't. All right, Tasha. Right now, you're under arrest. Okay. >> For retail theft arrest, >> cuz this car is coming back stolen under arrest. No, no, don't fool me. We're not going to play that game. You're under arrest. >> February 11th, 2024, Little Park, Illinois. A cell phone stop turned [music] into a felony retail theft case, a stolen vehicle, and merchandise estimated at over $500 in the front seat. The real issue is not whether the theft happened. [music] It is whether every step of the legal expansion that followed actually held up. >> Hey, how >> you doing? I'm off with Park Police Department. The reason I stopped, you had your cell phone in your hand when you're driving around. >> Oh, no. Cuz I'm uh trying to get directions. >> Okay. get your driver's license with you. >> You got your license with you? >> Yes, you g to >> Oh, you got it. >> This is you? >> Yeah. I'm trying to get to uh eway 290. >> Gotcha. Gotcha. Gotcha. You guys stopped by Juul just now, >> huh? >> You guys were stopped at Juul just now a little bit ago. >> No, I was at Jules. >> You weren't stopped at Jules? >> It was I >> Were you at the Jules? >> I wasn't in the 3 to 26. >> Okay. Can you do me a favor and turn off the car for me? >> Why is that? >> Because I'm asking you to turn off the car for me. Okay. >> Everything's cool. All right, do me a favor. Can you step out for me? For >> what? >> Can you step out for me, please? I'm >> asking you why not? >> Because I'm asking you to. Okay. >> We have like Why do we have >> I'm asking you to step out because this car was seen leaving the jewel at the scene of a retail theft. Okay. You have proceeds in your car that are consistent with that of somebody committing any retail theft. That's why I'm asking you to step out. >> So, please can you step out of the car? >> It wasn't. You said our car was considered at a jewel. >> Yes. >> So, can you please step out of the car? I'm just going to the e-way. >> Step out of the car. I'm I'm not asking you a gun. It doesn't work. >> All y'all come in like this for a week. >> I told you why. I literally just told you >> I need to get out of the car. >> I'm saying what do we do? >> I told you retail. So, go ahead and jump out of the car. How many weeks? >> Coming up. >> Just put the sticker down, please. >> Okay, >> we'll get it figured out then. >> Anything, right? >> Nothing sharp on you or anything that's going to poke and stick us. Why don't you watch me officer over here? Okay, >> just walk back here with me. Okay, >> what's your name? >> All right, do your hands behind your back right now. Not being detained at this time. Okay. Right. >> Give me the other hand, please. >> There you go. All right. Take a breath for me. Okay. >> So, like I said, right now you're just detained. Okay. While we clear everything out. Okay. We're going to walk right over to the front of my car. >> If you can just put your butt up against the front right here, you can kind of stay warm. I'm going to blind. >> Yeah. >> What's that? >> I got my receipt in the jewel. >> Okay. You just told me you didn't go to the jewels. So now you're saying you do have your seats for the jewels. >> I have I did. >> You have anything on you that's going to poke me or stab me? What's this? >> Okay, I'll get that back. I don't need that right now. >> What's this? >> Keys. >> Okay. Have a seat right here. >> What's that? >> Can you have a seat? Yeah. If you want to sit on the curb, by all means. >> I might have to get the manager for a show up. >> Yeah. >> Did you hear that part? I heard that part. Or if you want to we take photos just uh photo identification good. You think >> you want to take pictures before I start taking stuff out? >> Yeah. Well, I want to I want to get it confirmed from >> Let's get Can you want to go back and grab the uh >> Matt's there? >> He said he's not Yeah. Why can't Matt Oh, Matt can't bring him. >> Oh, show up. Yeah, I'll go. You don't mind? >> Okay. >> Victor 3 to 26. Victor one's on his way to grab the show. Yeah, you're good, right? >> Yeah, we're good. Thank you guys. >> Yeah, we'll have to do that after the show. Already this car has got a lot of stuff in it. >> Yeah, I don't even know where to begin. >> I'm not going to touch it until uh we get to show up. Does he want to even proceed with this? He might not. They're known for that. >> Yeah. I mean, when I've dealt with Joel, usually they do. >> Not the night guy. >> Uh, depends on who the night guy is. >> Asian dude. >> No, he's usually pretty good about wanting to do it. The last couple times I've been there. >> Anyone that just wanted >> All right. So, this was the driver. That's not her ID. >> No, that's my ID. >> Where's your ID? That's my >> This is yours, >> right? But you're driving the car, right? >> So, you're parish. >> Yes, I'm parish. >> Okay. Can you confirm your address for me? >> No, I don't stay down. >> Where you stay at? >> Where? J. >> You got a middle initial? >> Okay. >> Huh? >> What's your name? >> Caleb. >> Simpson. >> 83. >> Caleb Simpson. >> 6183. Fair. >> Spell your first name. really. >> Do you have a middle initial? >> J. >> What's your birthday? >> I have an address of it, but I don't say that. >> Where? Where are you staying at right now? >> Technically homeless. >> Oh, you're technically homeless. What's on your Do you have an ID issue to you? >> What's on your ID? doesn't have to be driving. >> Huh? >> Victor 2, I have a file for you and a name, date of birth. Ready? >> Nothing. >> Nothing. >> I got my Last is Simpson. Common spelling first of Caleb King Award B Boy. >> You got picked up on the train. >> Yeah, >> copy that. >> Uh, did they say how many people got out or >> I heard one? >> Yeah, I was sleeping. Okay. So, I'm not getting any record. So, there's two reasons for that. You've never had an ID, which I don't believe, and or you're lying to me about your name, or you're not giving me a complete name. >> So, what which one of these? >> I know you you you're a little brief. cuz I know you've had an ID at some point. >> So, what's on that ID? Is it Tasha Johnson with a middle initial? Is it >> Huh? >> Lean as in your last name. >> Middle. So, L is your middle initial. >> Is that fair to say? >> Yeah. >> Okay. >> 53. Can you try my name with a middle initial of L? >> One more question. If you had an ID before, what would be the address on it? >> Uh, positive or not? >> Huh? >> Positive or not? >> He's in the car. >> He said I thought he said in the in the store. >> Okay. Remember? Yes, sir. >> Yes, sir. >> Okay. All right, Tasha. Right now, you're under arrest. Okay. Under arrest >> for retail theft. >> I mean, I'm going have you stand up. Come on. Push up. >> Hey, Schultz, can you uh assist me over here? >> This officer is going to search you. Okay. >> Right over here. >> Do you have anything I need to take? >> Just take a few suspects. We got >> Victor. You show one of custody once we can find a file for Tasha or whatever real name is. >> Actually, back up a little bit more. >> Okay. >> Okay. >> You want to tell me what your real name is? We're going to find out anyway. Save us a whole bunch of time. >> What is it? Everything in that everything in that is what I got to do. >> Well, one second. >> Okay. You have the right to remain silent. Anything you say can or will be used against you in a court of law. You have the right to talk to a lawyer or have him or her present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning. If you wish, you can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand each of these rights I've explained to you? >> Having these rights in mind, do you wish to talk to me? >> Is that a yes or no? >> Do you want to talk to me or no? >> Is that a yes? >> The pivot comes when officer Simons orders the passenger out. The passenger pushes back and asks why. The officer gives a specific reason on camera. The vehicle plate matched one scene leaving a retail theft scene. That on camera explanation is the single most important legal act in this stop. What follows from it determines whether every arrest downstream survives. >> All right. So, how what exactly did you take from the jewels? >> I don't know, man. Hey, man. Uh, >> how much? How much medications? >> A lot or a little? >> Yeah. >> Okay. Did you put it in a bag? >> In the uh uh gift bag. >> Gift bag. Where's the gift bag at in the car? >> In your seat or her seat? >> Okay. All right. Is there anything else in the car that's from the jewels? >> Just the stuff that's in the bag in the front seat. >> Yeah, your seat. I had to get bag. >> Okay. Did you have any or did you have enough money on you to purchase those items if you needed to or is it just the whatever's there >> on me? I can get it. >> So I'm I'm asking you if you had it when you when you walked into the store. >> Uh do you if you had any means of purchasing the items that you took from the store? >> Yes. >> How or what how did you what means did you have to purchase those items? >> Cash card. >> Cash card. cash and a card. >> And a card. Okay. Does the card belong to you? >> Yeah. >> Yes. >> Okay. But you Okay. >> It's tap and >> Okay. All right. Did you go in there with the intention to take those items? >> No. Not intentionally. >> So, how did it end up that you walked out of the store unintentionally? >> I knew it was going to be much. Maybe. >> So, you you knew it was going to be more I'm sorry. I'm just paraphrasing because I had a hard time understanding you. >> I didn't know that not with attention, but and um basically the door was over. >> Okay. >> So, you went in there, you didn't have the intention to take anything, but you saw that the door was open and decided to not pay. >> Am I right? Or is that that's I'm paraphrasing what you said. >> Yeah, basically. >> Basically. Okay. >> All right. So, you went in there and then you gathered all the items in a bag that I'm assuming you brought with. >> Did you bring the bag with you >> to get back? >> To get back. Did you bring that in from your car or did you have that or did you take that from the store as well? >> You brought it with you? >> Yeah. >> Okay. She's good. >> Yeah. Um, let me check really quick. I know you said your number, but >> did you get a positive ID? >> Not yet. >> Did your name used to be Timothy? >> Oh, okay. Yeah. Well, I search this. >> Yeah. Was your name Timothy before? >> Yeah. >> I' I've dealt with this person before. >> I can get the name for you. >> I'd appreciate it. Yeah. Okay. >> Are you good? >> Yeah. We're gonna go this way if we're have I'm going to have you have a seat in my car. Okay. >> Go this way. ask for a person. I'm >> sorry. >> If you can get I'm sorry. >> Uh >> that's uh that's entirely up to them. >> So I don't I got to talk to my other officer who talked to him and see what they want done. Okay. Right now you're in custody for you committed a retail theft. That's what you're in custody for. Okay. So whatever happens after that is up to whatever the officer that's over there talking to them says. Okay. If they want you charged, depending on the amount, you'll be charged accordingly. Okay? If it's under $150, it'll be probably a ticket. If it's over that, we'll go from there. Okay. >> Oh, yeah. >> So, what was your what was your name before? >> Sorry. What is it? >> Timothy. >> Timothy. >> Feather. >> What's your middle or what was or you still have the same middle initial? >> Yeah. No, that's Timothy Featherson. Same birthday. >> What was your birthday? >> Uh phone calls. I mean if I get contact just I get >> Yeah. Well, we'll uh we'll get anything you need out of the car. Okay. But give me a few minutes to do some things. >> I'm just fine. >> Okay. I I understand. So that's totally fine. I'm just I'm I'm a wonder why you would give us different names and different dates of birth if did you not think we were going to find out or >> we're pretty good at our jobs if somebody's if some information doesn't come up the way it should looks pretty dece or it looks pretty bad when >> you're in custody right >> okay >> all right so kick your knees in for me thank you >> anyway that would be the gift. She said everything was in that gift bag. >> Oh, yeah. Now that the blue bag, too. >> Oh, yeah. That's going to be >> Oh, she's gone. >> Oh, yeah. >> That bag alone. Like 500 bucks. >> We're not even done, man. There's more. >> Jesus. And like a couple hundred or more. Um, so yeah, I'm assuming this Friday [ __ ] >> What's the uh what's the police event? Is it on there? >> You This is your car, you said? >> Yeah. Chicago. >> Uh, you're under arrest. Okay. So, do me a favor. We >> need other cuz this car is coming back stolen. So, you're under arrest also. No. No. Don't pull away. We're not going to play that game. You're under arrest. I just notified you. >> You are also under arrest. We'll figure that out at the station. >> That got to go. Okay. >> So, what? >> So, I'm going to read you your rights. Okay. >> Knew that. I don't even know where I'm at. >> Oh, Caleb, I know, man. We'll explain it all. Okay. >> Yeah. >> So, and you may not have known, but we're going to figure that out later. Give you a minute. >> Oh my [ __ ] >> All right. I'm going to ask you a bunch of questions. You need to say yes or no. >> You have the right to remain [snorts] solid. Do you understand? Victor one from two if you're available if you can swing back over here and bring another car for another transport. >> You have the right to talk to a lawyer have him or her present with you while you are being questioned. Do you understand? >> All right. >> If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. Do you understand? You can decide at any time to exercise these rights and not answer any questions and make any statements. Do you understand? >> All right. Cool. Let's get you warm. Let's get you in my car. >> Huh? >> Oh, pool. Cool. When you want door in front of the car over here. >> All right. Well, I'll get a hook now. My man, uh, you might be on that, uh, >> the Nike Express. You understand? >> Yes, please. >> Damn it. I was going to ask for that. Oh, well, I'm stressed the [ __ ] out now cuz I don't even signal sex, too. Not for reported missing. >> Huh? >> Reported missing. >> How old are you? >> Are you missing? >> Somebody reported you missing apparently. Probably my mother. >> How long you been gone? >> Mom's number call her. Let her know you're okay. >> I don't know. Mom's number. >> I'm sure CP's probably got it. >> That's where I'm going. >> I mean, >> we can just take him back and have him sit in the lobby. >> You like missing suicidal or something? I didn't hear. >> Not crazy. >> Well, sometimes people feel upset. >> Didn't want to go home. >> All right. It's a long walk to Chicago anyway. How about this, dude? So, what we're going to do is going to get you to PD. You're in like essentially protective custody. Let us figure out what's going on. Come with us. Stay warm and let's figure it out there. So instead of figuring it out out here, it could be another damn hour. It's freezing. >> Yeah. Take me at least back to the train station. >> Oh, I here. I'll make a deal with you. If [ __ ] turns out we're, you know, we're going to figure it out and you're going to be on your own. I'll take you right back to the train station. >> What do you mean? >> That's what I'm talking about, man. >> Well, I got to I got to call CBD right now. I can't let you go. Understand that >> right? >> So I'm saying let's >> Am I going to try or do you want me to wait? >> Um if you want to wait just until I I take off. >> We're looking to keep you know everybody's cold out here. We just want to get this sorted out in a nice light. It's >> [ __ ] freezing. >> Caleb, you're not in any trouble, man. Not at all. >> We just want to make sure you stay safe. But the only thing >> somebody obviously cares about you. They want to make sure you're safe. >> Your double bag. You I got to go through it cuz it's in the car. >> And then I'll give it back to you. >> That's fine. >> Yeah. Is it a black double bag? >> Yeah, I want >> Tell you what, I'll even throw that cigarette in there for you when you're done. >> I got cigarettes. I'll give you one. >> Please give me that now. Like, >> yeah. You want it right now? That one? >> I swear to God, I do. >> I don't think that's yours. I think that's uh >> I don't get you one. Get you a clean one. >> Anybody smoke? >> Anybody got a lighter 10 years? >> Actually, I might have a lighter. Stand by. [ __ ] Oh, look at that. >> Try to get the one without the cracker. >> Is that a torch one? >> No. >> So, Timothy could be the same deal. >> All right, my man. Let's go figure out what we're going to do. >> And also, >> under Illinois compiled statutes, 725/16-25 retail theft, over $300 is a class 3 felony. The officer's stated reason, a matching plate and visible proceeds, meets the standard in Terry versus Ohio, which requires specific articulable facts pointing to criminal activity. While a matching plate is strong evidence, it does not guarantee the occupants were inside the store. The showup identification the officers arranged was the correct move to close that gap. Still, the probable cause question was open when the handcuffs went on. Under Pennsylvania versus MIMS, officers may order any occupant out of a vehicle during a lawful stop without additional justification. Here, the officer layered a theft specific reason on top of MIMS, making the exit order defensible on two independent legal grounds. When the name came back with no record, officer Simons identified two explanations, no ID history or a false name. Illinois compiled statutes 725/31-4.5 makes that a class A misdemeanor. The passenger stacked a second charge on top of the original theft and the deception did not slow the investigation down. Once the passenger was arrested, Miranda versus Arizona applied. The rights were read in full on camera. The passenger waved and agreed to speak. What followed was a voluntary admission describing the merchandise, the bag, and its location in the car. Under Miranda, that statement is fully admissible. While some argue the subject may not have understood the consequences of waving Miranda, courts apply an objective standard. The rights were read clearly. Understanding was confirmed. The subject chose to answer. Silence was always available. The Fifth Amendment protects the right to say nothing, not to lie. The car came back stolen. Under Colorado versus Bertine, officers may conduct an inventory search of a lawfully impounded vehicle. Under Illinois compiled statutes 6255/4-103, possession of a stolen motor vehicle is a class 2 felony carrying 3 to 7 years. The driver claimed he had just purchased the vehicle and did not know it was stolen. Illinois courts hold that unexplained possession of recently stolen property supports an inference of knowledge. Still, documented proof of a legitimate transaction could raise reasonable doubt. Without it, the presumption alone carries the charge. Officer Simons ran this stop legally clean. Each action anchored in a stated legal authority on camera. The one friction point is the promise to return the driver to the train station. a good faith offer he did not have sole authority to keep. The passenger compounded every problem through active deception. The post Miranda admission confirms criminal knowledge despite the claim of no intent. The driver was cooperative and did not resist arrest, but cooperation does not negate possession. The car was stolen, the merchandise was in his vehicle, and the facts were stacked against him before he said a word. First, when a stop expands beyond its original reason, the officer must state why on camera in specific terms, that record makes every subsequent step legally defensible. Second, giving a false name is a separate crime. Silence is constitutionally protected. Lying is not. Third, driving a vehicle you cannot document acquiring carries serious criminal exposure entirely on its own. The stolen vehicle charge required no other suspects, no merchandise, just the car. At the time of this analysis, the outcome remains unknown. Let us know in the comments what interactions or topics you want covered next. Thank you for watching.