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So, sorry. >> What's going to happen is you're going to end up going to jail. Okay? You're going to be placed onto a you're going to have a bond of 2,2500 give or take whatever the bond is going to be on the felony retail theft. >> Please. >> Okay. You understand that? Okay. >> I'm begging you. I'm really begging you. >> Do me a favor. Stop. I understand something. I'm actually different cop than most people. Most people would not let you make a phone call. I'm going to give you a second to make a phone call to your fiance to explain him that you are going to go to jail today. that there's nothing he can do for you at this current time other than prepare to get a bondsman to bond you out of jail. Okay. >> On October 22nd, 20124 in Titusville, Florida, a woman walked into a Target store and left with over $1,200 in unpaid merchandise. She paid $55 at the register and concealed the rest in backs inside her cart. The real issue is not what she stole. [music] It is every decision she made once that officer walked in. for about $50 worth of stuff and then tried to exting the rest. >> And you guys watch it on camera the whole time or in person? >> I watched in person. He watched on camera. >> Okay. And so that's not including the $50 she paid for. >> Yes. >> That is including or not including? >> It is not including. >> Okay. And where are the items she paid for? Still with her? >> Yeah, they are in the office. >> Okay. She give you guys IDs and whatnot? >> Not yet. I called you guys as soon as >> that's fine. >> She's back here. >> Yes, sir. >> What's up? >> Hello. >> I'm being arrested. >> I don't know. I just got here. I got a lot of stuff to figure out. Okay. So, obviously I'm here, right? And so, um I'm trying to figure all this out with them. They've they're still in the process of doing what they have to do between video and calculating all this stuff and whatnot. So, with me being here and you being back here, you're not free to leave. So, in order for me to talk to you openly about what's going on, I have to read you a Miranda warning. Okay. Do you understand that? >> Yes. Arrested. >> Well, no, you're just not free to leave. You're detained. >> Okay. So, because you're detained, you're not free to leave. I have to read this to you so you're not so you and I can uh openly discuss everything. Okay. >> And with these rights in mind, do you wish to talk with me? >> Yes. >> So, why am I here? >> What do you mean by stupid? I just crime. I literally stole stuff. I tried to steal stuff and I wasn't thinking. >> And why are you stealing stuff? >> I have no idea. I really don't. I was just I have no idea. It was stupid. I just didn't My head's been everywhere and I didn't think I literally have a check waiting for me for 34,000. I have no re there's no reason why I should be. I know that I messed up 100%. >> And these are just what all did you steal? >> It's over there. >> I'm just saying what was it? Like >> stupid clothes. >> You're just selecting random items. I wasn't smart. It wasn't smart. >> Okay. So, you paid for these items here? >> Yes, I did. >> How did you get here? >> I drove. >> You drove? Okay. Okay. So, you drove here and you're from Palm Bay? >> I'm not from Pal Bay. >> Well, I meant like you live in Palm Bay. >> And what made you come to go see a friend in dealing with an abusive boyfriend? >> Oh, sorry. So, were these items for you or for >> Yeah, they were for him. Okay. >> I wasn't thinking. I literally wasn't. I was not thinking. >> Sorry. >> And I feel like I'll never do it again. I know that for a fact. >> Jacqueline, I got to say, I've been been doing this job for a very long time, and you're the first person that I've ever had commit a retail theft over $1,000. or first person ever. >> Are you serious? >> That I've had. Now, there's been others, trust me. >> Wow. That's I'm sorry, sir. Sorry, guys. I'm really sorry. You guys know about this will never happen. I promise you that. This is so stupid. for us. >> Okay. >> So, you came here today to visit a friend. You came to the city of Time >> and you went and saw your friend and decided to come to Target. >> Yes. >> And when you came to Target, did you come here with the intentions of stealing? >> No, I didn't. Actually, >> I didn't cuz I really paid for stuff. >> Okay. >> I paid for $55 for the stuff I bought. 250. >> So, you paid for the $55 worth of stuff. But >> I should have walked that way. We're talking, what did I say? 12, >> the total is $1,223.64. So, you decided not to pay for over $1,200 worth of stuff, but you knew you >> I mean, let me ask you this. >> Do you have the money to pay for that currently? >> There's a there's a check. Do you have the money currently to pay for $1,200 and >> No. So, >> okay. So, >> what changed your mind when you were walking through the store that you thought it'd be a good idea to try to take these items? >> I have no idea. I have no idea. There's no excuse for it. >> Okay. >> And I know that. >> So, you just walking through the store, you selected a few items. You're like, I'm going to pay for those and the rest of them. >> Literally was talking to the girl with the checker when it didn't move finger. I mean, there's no there's no excuse for it. There's really not. And I feel like >> So you did try to hide the items and conceal and pay for just the $55 worth of stuff. >> Yeah, basically. I think Yeah. >> So you knew you were only going to pay for a few items while you tried to scoot out with the rest of it hidden in your cart. >> But in a very deep way. But I mean there's no excuse for what I did. I know that. >> No, there's no excuse. >> And life lesson. I know that. I really do know that. I'm sorry. And I feel I do feel horrible about it. But I'm sitting here with you guys. This is a scumbag thing to do. Better than this. >> Have you ever been arrested before? >> No, sir. Never been in trouble anywhere before. >> No, sir. >> How long was you moving in the state of Florida? >> I'm from South >> I mean I'm sorry to BVAR County. >> About a year ago, my grandmother passed away in February and then my mom's boyfriend got cancer and my grandfather has dementia. It's been really been it's been a nightmare. >> Okay. All right. Well, um, so when it boils down to it, the state of Florida and the Title Police Department don't take retail theft very lightly. Okay, you committed felony retail theft because at the threshold of $750, that is a felony amount. Okay? So, as long as you stay cooperative with me, okay, the handcuffs will stay in the front. Okay? So, that's as long as you're cooperative. If you become uncooperative, then I'll put them in the back and stuff like that. >> Sir, please. Do you understand that? >> Yes. Okay. >> But I'm begging you. >> Put your palms together out like this. >> I'm begging you. >> There's nothing that's going to change that you committed a felony retail >> call my fiancé. >> We'll we'll work on that here in a little bit. >> Sorry. You couldn't I think my fiance has $400. >> It's It's already passed that. It's already exceeded that. Regardless of whether you had the money to pay for it or not, you should have done that before you went to walk out of the door. These guys, this is this is their job. >> Okay, so this is what they get paid to do. Walmart has the same people at every location. Okay, this is their job. >> You attempted to walk out of the store with over $1,200 of merchandise that you were not going to pay for. You paid for $50 of it. So, yeah, you get to keep that. >> I'm sorry, sir. Please. I'm begging I'm begging I'm honestly I'm begging you for the bottom of everything. >> Begging me is not going to work. I told you here at the safe hospital, we don't take retail theft lightly. Okay, these guys tolerate more theft than actually Walmart does. Walmart calls us for as simple as $20 or whatever of theft and they want to press charges. This is the first time I've actually taken a retail theft from Target in the four years I've been here. Other people have taken them. The first time I've been >> Thank you. I'm really I'm so sorry. >> What's going to happen is you're going to end up going to jail. Okay. You're going to be placed onto a you're going to have a bond of 2,2500 give or take whatever the bond is going to be on the felony retail that. Okay, you understand that? Okay, I'm >> I'm begging you. I'm really begging you. >> Do me a favor. Stop. I understand something. I'm actually different cop than most people. Most people would not let you make a phone call. I'm going to give you a second to make a phone call to your fiance to explain him that you are going to go to jail today. That there's nothing he can do for you at this current time other than prepare to get a bondsman to bond you out of jail. Okay. Do you understand that? >> Okay. And you need a photo of her? >> Yeah. >> Whenever you're ready, he needs to take a photo of you. Okay, I don't want to hit you with tears. >> I'm so sorry, guys. I really am going to ruin my life. I'm so sorry. >> I've seen people bounce back from a lot worse. Trust me. >> Okay. Maybe smile. >> I'm so sorry. >> Oh, I'm I'm sorry. I need you to take off the glasses. What do they do with the car? >> It's part it's going to be part of that this phone call she's about to make to the fiance to say, "Hey, I'm going to jail. I'm going to come I need you to come get the car or whatever the case may be cuz I'm so sorry. I'm so sorry." >> The only reason I say so is Target doesn't want over. >> I know. And and again, that's on you guys at the end of the day. If you guys end up want to tow it, that's a private property tow for you guys. There's nothing that we'll do um because it's private property. But this is where we I give the opportunity for somebody to come get the vehicle before you guys tow it. You actually shouldn't be driving on your license anyways cuz it's suspended. >> Is it really? >> Yeah, it's been suspended since May. Go ahead and make a quick phone call to your f your fiance, please. >> Has it really been? >> Yeah. Don't know why I didn't look into it, but put on speaker form. Thank you. Babe, you're on speaker. I'm being arrested for for theft. >> Why? >> Cuz I just I was made I made a stupid decision and I can't I can't. >> Can I talk to Can I talk to them? >> Maybe. >> Yeah. [laughter] >> Can I talk to them? >> Hello, it's Officer Mc Tel Police Department. >> Hey. Hey. Do is there a way I can pay it and and y'all could just give her a written arrest? >> No. So, she committed a felony retail theft. >> The pivot point comes when the officer tells Jacquine she is not free to leave. That sentence triggers Miranda versus Arizona decided in 1966. That ruling requires law enforcement to advise a person in custody of their right to remain silent and their right to counsel before any questioning begins. The officer got the timing right, identified the custodial threshold, stated it on camera, and read the warning before asking a single substantive question. Still, a lot of people will think she was cooperative. Why would silence hurt her? It would not have. Silence cannot be used as evidence of guilt. What did hurt her was the opposite. Waving those rights and walking the officer through exactly how she did it. That confession is now in the record. admissible, specific, and corroborating every piece of physical evidence against her. >> And we have no leniency when it comes to felony. It's over $1,200 worth of merchandise she attempted to walk out of Target with. So, I'm I'm a reasonable cop, okay? I'm that's why she's allowed to make this phone call. Most cops would not allow her to make this phone call. They would tell her she could call you when she got to the jail. This phone call also serves as a purpose as a courtesy to let you know that she's going to jail and that you need to get something done with her vehicle because if not then Target's going to eventually tow the vehicle which is just going to add on to the total uh it's going to cost you. >> I I got your key. Is there a way Is there a way she could leave the keys with Target and I will get them? >> That's up to I'm I'm here with two other employees. Is there a way that the keys could be left with you guys so he can come here and retrieve the car? >> Yeah, you can put it up with guest service. >> Okay. They will put the keys with with guest services. Okay. >> Can Can I double check with her? >> Yeah, she's right here. >> Yeah, babe. This is so stupid. >> Hey, what what's what's our bond going to be? >> Uh up. It's going to be over 2,000. It may be 25. They've just recently changed the bond schedules, so I'm not >> What's that cash for? So that I know. >> Well, cash would be whatever the bond amount total would be. So it' be 2,000 or 2500, whatever it ends up being. >> So what do I what am I going to have to pay a bonds person? A bondsman is typically 10%, but you would have to call a bondsman and let them and and and figure it out. They make their their thing. >> I can't pay the bill. I know. I'm >> okay. Um All right. That's >> So if it's 2,000, it's $200, give or take. >> All right. Um >> I can't pay the bill, >> baby. >> I can't pay. >> Can I talk to her? >> Yeah, she's right here. >> Seriously, I will not do this again. Yes. >> Hey, hey, just just just relax. All right, I'm going to call Bonsman immediately and tell them to watch for you to be booked. >> This is so stupid. Do not tell my mother. >> I'm not going to say nothing, babe. But I need you to just stay calm, cuz they're not going to release you until tonight. >> Okay. Can you please tell my location off, sir? I know. I didn't know. I'm 36 years old, but I have to turn my location off. >> Sure. That's up to you. I'll let you do whatever you need to do. >> Yeah. Tell my mom I just wasn't feeling good and I went to bed. >> All right. I got you. I'm sorry, babe. >> It's fine. Just >> All right, sir. We'll leave the We'll leave a key with guest services and uh what I if it's up to her, I can leave your purse in your car as well if you would like. That way everything is together and that way you're not taking a whole bunch. >> Y'all could just leave Is there a way you could leave the keys in the car? >> Do you have a purse? >> Do you have a spare key? >> No. Oh, you're going to lock her purse in her car? >> Yeah. I'm going to lock the purse in the car. Give >> another key. Yeah. So, no, I would give the key to guest services, but I would lock the car with her purse in it >> because that way it's just easier whenever you go down to jail. Yeah. The less you go with, the better. She purchased $50 plus dollars worth of merchandise anyway. So, we'll leave all that in the car. >> Um, >> might be out. >> I don't know when you'll be out, but we'll leave the key with guest services. That way, we can come get the car. Is there a time frame that he has to come get the car? They don't like cars left overnight. So, >> no, it'll be before the night's over with. That's put my head. >> They close at 10 p.m. So, make sure you're here by 10 because if not, they call us because there's random cars in the parking lot. So, >> I got you. I'll make sure. Um, is there now officer, I know you said you're and you're doing a lot and I appreciate everything you've done. Um, is there a way you could write my number down and let me know when she's been booked? >> I won't know when she's been booked. What I do is I take her to my police department. I type up the paperwork, then I take her down to the county jail. Once they take custody of her, I leave and then they start the booking process. So, it'll be anywhere between now, it is 3:00. It'll be now between between now and 5:00 when she's booked into the PVAR County Jail. >> Okay. >> All right. >> All right. All right. Can I Is she right here? >> Hey, beautiful. >> What was I thinking, >> baby? Just stop crying. I need you to be I need you to to to to to man up if you will. I love you, okay? And I'm calling upon right now. Um I I'll pay them however much to get you out as soon as possible. Okay. When you get to jail, babe, you know my number, right? >> Huh? >> Yes. >> All right. When you get when you get to jail, just call me and I I'll put a lot of money on the books and we can talk the entire time. All right. >> All right. We're going to get off here so I can get this going for you. Okay. >> All right. I love you. >> Love you, babe. I'm sorry. >> It's all right. I love you. >> Love you, buddy. >> Thank you, officer. You guys, I'm so sorry. Bless you. >> Thank you. You [snorts] good? >> Yeah. >> All right. So, you know, you know the only number you need, right? >> Yes. I think >> I'm going to put your phone on to do on to I'm going to turn off the cell service. >> Okay. >> Um because if not, it's going when you get to the jail, it's going to do nothing but we'll turn it off as well, but it'll do nothing but try to find signal. And I worked in there and there's no finding signal in there. >> I'm sorry, brother. Sorry. >> All right. Um, where is the merchandise at? Did you guys I just want to get photos of some of the stuff. So, >> you good to hang out for just a second? >> Yeah. >> Like I said, this is first time I've come here to take a retail theft. And >> what's really weird, they don't let us call you guys. I used to work for Walmart. >> Yeah. So, how'd you get this call? Just because of how much it was? Figured. I mean, threshold 750. So, dog leash like if this was like sometimes I have sympathy when it comes to here. I've got the top bottom of that. If sometimes if it's like things that are necessary like I need I need food. I need my kids need whatever. Like that's different in my eyes. Okay, that should have been everything you got here. Bingo. Okay, that's good for me. Thank you. And then I'll have we'll get you to sign that top BTO. Um I just need your ID and then we're good to go. All right. Um, so just briefly, I've got her side of the story. What got you into seeing her? What intrigued you into watching her as she was selecting items? >> Um, there's just a large number of apparel selections in her cart already and she would put back selections and then select without looking prices. >> Okay. And then you what did you observe as she was >> um observed her footback merchandise and take her other merchandise and still merchandise and bags >> and those are the three bags that were out there >> and she was just filling them full. >> Yes. And then uh she went through one of the check lanes and um only paid her about $55 worth of stuff. >> And there's a items that are in the buggy currently. >> She also uh ripped open the headphones package and took the headphones out and was holding them in her hand. >> Those were the red ones that we saw. >> Okay. And you followed on foot? >> Yes. >> And you were watching here? >> Yes. >> And you kept eyes on her the whole time >> with the cameras and what? Okay. All right. Can you raise your hand? You the other right? There you go. You swear the statement provides the whole truth, not the truth will be got. >> Yes, sir. >> Okay. I'm going to let you answer Brandon's phone call real quick. I don't know why he's calling, but >> Brandon, it's Officer Mick again. >> Hey. Hey. Um, is there a way if I pay pay what she was trying to steal? >> No, there's no way. What? Like I told her, the way here in Titusville, the way we see it is is we don't like retail theft in our city. >> Um I got so we and especially it's a felony. It's something that I have no discretion on. If it was a misdemeanor, I'd have cut her a court date. As long as she had no prior thefts, I'd have cut her a court date. She'd have been able to leave. >> Um with it being a felony, she's got to go. >> All right. All right. I just wanted to ask because I have the money to cover what what it was. I have to 12. I have to 1300. >> Unfortunately, the only way that would work is if Target said otherwise, but I don't think they're in the business. >> Is there a way you could ask them? >> It's not even my target. >> It's Target's decision. And these guys here, it's not something that they do. >> So once the act of theft is committed, they uh >> it's over with. No, they'd have to go up to corporate and get a corp. Yeah, it's it's be it's way above that. Okay. >> Okay. Right. >> I was just My bad, man. I was just I was >> not a problem. Listen, I understand it's a lot of confusing things, a lot of things you want to ask, try to get things settled, but she should have thought of you having the money to purchase for all purchase all this stuff whenever she was uh was making the selection. So, >> I got you. >> All right. >> All right. >> Thank you. >> Yes, sir. Byebye. >> I turned off every service and he still got through. >> Right. >> Turn off the cell, Wi-Fi, Bluetooth, everything. Um, did she pass all points of sale through the vestable or And that's where you guys stopped her at. >> Okay. And that's on the video as well. >> Yes. >> And can I see that portion on video? Do you have it pulled up? >> Sorry. >> No, it's okay. I see. I see her right there. She pays for those >> and all the items are underneath in the Y. >> Well, at least they're at the front of the store. Walmart's in the very back. So, you walk through the whole store. Oh, you're walking really quick. >> It can't be. Like I said, Walmart's at least in the very They're at the very back of the store and you have to walk down the main aisle. So, >> people, what is it? Like, am I getting locked in for real? >> This is just a seat belt for your safety. Okay. >> Thank you. >> All right. Do you have any Okay, so then I also give this discretion. All right. So, upon entering the Boulevard County Jail complex, okay, it's a no contraer ban. Do you have anything on you that's illegal? Narcotics, drugs, or anything up top? Anything that's inside? Anywhere that it should not be? >> No. No, sir. >> Okay. I asked that now because if we get there and they find it, it's an additional charge, >> which is the $5,000 increase. >> I don't have anything. >> Okay. So, your money and the I'm >> This ain't a debit card, but it's >> Oh, my the Okay. >> So, this will go into your purse. >> Okay. >> I will lock it. Where's your car at? >> My car is right over in the corner. It's a red Lexus. I think it's right down. >> Is it down this? It might be down this aisle. Actually, the next aisle. >> Okay. >> Right in the front. >> It's a red Lexus. >> Yes. Okay. >> Two door. >> All right. And so your purse and all that will go into your car. You want to leave your keys here at Target so your fiance can come pick it up your car? >> Yes, sir. Yes. >> Okay. All right. I'm going shut the door. Yep. >> Hello. >> Hey, Brandon. It's Officer Mick. >> Hey. >> Hey. We just got to the jail. It's going to be $2,500 bond. Okay. Okay. So, what do I >> Sorry. >> That'll that'll be like 300 to the bond. >> H. Yeah. 250 something like that. >> Okay. >> All right. >> All right. Um, can you tell remind her to call me like once she gets your phone in there? >> Yep. We'll get the phone number and and she can call you when she gets in. >> It's 81 what? >> 8161. >> All right. I need to turn my location off. So, I'm turning my phone off. >> All right. >> All right. All right. All right. Thank you, sir. I love you, babe. >> Text my mom and tell her I'm not feeling well, babe. Please and thank you. >> I will. I will. I love you. >> Love you. Bye. >> You said you want your location turned completely off? >> Yes, sir. >> Under Florida statute 812.015, subsection 3, paragraph C, retail theft valued at $750 or more is a thirdderee felony. The amount here was $1,223.64, clearing that threshold by nearly $500. That threshold removed the officer's discretion entirely. Under a misdemeanor, he could have issued a notice to appear and released her on the spot. A felony means physical arrest, booking, and a bond. No exceptions, no negotiating around it. Florida statute 812.015 subsection 4 gives merchants the right to detain a person when there is probable cause to believe a theft occurred. The loss prevention team waited until Jacquine passed all points of sale before stopping her. That timing is the legal requirement and they got it exactly right. Had they stopped her before she cleared the register, the detention could have been challenged. They waited. The stop held. The evidence stayed clean. Brandon then called and asked if paying for the merchandise now could prevent the arrest. The answer was no. And that answer was legally correct. Once merchandise passes all points of sale without payment, the theft is complete. Post incident restitution does not undo the criminal act. Jacqueline also drove to the store on a license suspended since May. Under Florida statute 322.03, that is a secondderee misdemeanor. Not knowing is not a defense. From a procedural standpoint, the Miranda advisement was on time. The felony threshold was explained clearly and the arrest was executed without any use of force. He allowed a pre-booking phone call, coordinated vehicle logistics with Target guest services, and gave Jacquine a real chance to prepare her family for what was coming. That said, an early comment captured on body cam described the subject in dismissive terms before full engagement. That remark does not belong on camera. Professionalism does not get a day off. For Jacquine, cooperation and remorse were genuine, and a first offense record with disclosed personal circumstances may carry weight at sentencing. But the voluntary statement delivered in detail after a valid Miranda waiver was not required. It was a choice and it is now the strongest piece of evidence the prosecution [clears throat] has. Lesson one Miranda rights exist for a reason. Once you are told you are not free to leave, you are in custody. At that point, the only smart move is to say nothing and ask for a lawyer. Every word after that works against you. Lesson two, the felony retail theft threshold in Florida is $750, lower than most people assume, and the consequences past it are severe. Lesson three, a suspended license is not a minor issue. Driving on one adds a criminal charge to whatever else you are facing. Check your status before you get behind the wheel. If there is an interaction or legal topic you want covered, drop it in the comments.
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