Ma'am, I'm going to ask you to stop. Guys, OKAY >> KEEP GOING. KEEP GOING. KEEP GOING. >> THIS IS THE LAST WARNING, ALL RIGHT? You're going to have to talk to the judge, okay? If they want to press charges, I can't do nothing about that. Turn around. Wake up. Come on. >> Wake up. Come on. You need to step out of the car. You need to step out of the car. You're making it harder on yourself. Come on. >> Step out of the vehicle. >> On May 5th, 2024, in Boynton Beach, Florida, a group of five coordinated a retail theft at a Walmart valued at $929. Three adults were arrested, a juvenile was identified in the group, and the encounter ended at a hospital with additional charges. >> [music] >> The real issue here is not whether the theft happened, it is whether every charge filed that night was legally sound. >> I got my stuff, but she's bothering me. Her. I just said I was the lady, so that's why I just said let me go. This Yeah, she's bothering me. >> Let's go. Let's go. >> You heard me? >> Let's go. We're going to the LP office. Come on. We're going to the LP office. Come on. >> I told you I didn't do nothing. THIS IS THE PERSON THAT GOT THE STUFF. >> MA'AM, I'M GOING TO ASK YOU TO STOP. WE'RE GOING TO MA'AM, I'M GOING to ask YOU TO STOP. GUYS, >> OKAY. OKAY. OKAY. >> I didn't do nothing. I'm not running from you. >> The person who got the stuff is going out the door. >> Let's go. >> We're going to figure it out first. Let's go to the LP office. >> Cuz I was paying for my stuff, and then Not doing that. I was going to pay for my stuff. >> No, no one's under arrest, okay? >> Okay, sir. >> We're going to figure out what's going on, and we're going to go from there. Cuz they're reporting theft. >> We didn't even steal nothing yet. >> Yes, you did. This is the bottom >> No. No, we didn't steal anything in here. No, she was bothering me, so actually I was going to go the other way. That's what made me just turn around. I was messing with her to be honest. I was just Okay. >> You don't have to yell. There's no reason. >> No, and that's what I'm telling you. I'm not going to yell, sir. She was bothering me. Like leave me alone. >> You did that just now? >> Yes, sir. >> Okay. >> Yes. She got me back on my nerves. >> Oh, she got all these things pulled up? >> Yeah. This one, this one, all this stuff. That was um that was the other girl. But that was the lady with the um with the I think that was her daughter or whatever she was. >> That's the one with the daughter. And the other two were from >> She claims she returned these things. That customer service is what she's saying. >> No, I didn't know. >> No, I said it. Yeah, no, I see it. All right. >> So what did they say? We stole something? >> That's what they're reporting. >> Hold on. So they say we took something out the store? >> Once you cross points of sale it is >> No, I just did that. They bothering her ass cuz she sitting up here bothering me. DAMN, I JUST GOT TO THE REGISTER. LET ME GET MY TOGETHER and >> You can take them [ __ ] back, sir. >> Yeah. >> Check it. >> What? They say we took something? >> Yeah. >> How we took something we didn't steal anything? >> We don't know. We like I said, we just got here. We got to figure it out. If someone reports a crime we have to take it seriously. >> Yeah, but that's what I'm saying. Like how did we take something? >> She got a lot of things. >> Yeah. >> Yeah, but that's why no one is under arrest right now. >> So what? I just had got to the register. >> She's claiming her receipts >> Okay. >> Okay. >> completely full of items. >> Okay. >> NO, I JUST GOT to the register. That's what I'm trying to let you know. But I was messing with her cuz she was She didn't even let me get time to take the rest of my stuff out. You get what I'm saying? I'm doing two separate transactions cuz one's going to be with my Walmart app and one was going to be cash. She seen I did Right here. That's the only one I left cuz down there wasn't open. >> Self-checkout? >> Hm? >> Self-checkout? >> Yeah. >> Did you pay for the items in the bins? >> Huh? NO, I JUST GOT TO THE SELF-CHECKOUT. THAT'S WHAT I'M TRYING TO LET YOU KNOW. BEFORE she went to doing all this yelling, that what made me go around. I really was going to go to another register. Like leave me alone. I just literally walked up here. You get what I'm saying? I didn't even get a chance to even finish ringing everything up. >> Okay. >> I don't like all them bags. >> Okay, so you said she returned the two pink bins. The two pink bins are absolutely full of merchandise. >> They were all together. They like split up and then they got all together at the self-checkout and then they all tried to walk out. >> And the subjects reached um went to self-checkout and acted like they were going to pay for the items and then reached by the door and seen the officer then they stopped going back inside the store. >> Did they coordinate with each other? Like were they in communication? >> Yes, you're going to see them those in communication right there in the front of the self-checkout those in communication. >> And that was all five of them? >> All five of them and then you'll see them walked out together then you'll see the officer and they come back in. >> Okay, cool. Appreciate it. Which one's the juvenile? >> Green tank top. >> The girl with the one, okay. >> Who can I talk to? >> Huh? What do you mean? >> Um I'm just trying to see who can I talk to. >> You're going to have to talk to the judge about that, okay? >> Wait, I was literally you can see that I Can I Can I speak to Is it okay if I speak >> Nobody's going to memorize >> Okay, is it okay >> She's going to read your rights. >> I'm going to read you your rights, all right? And then we can talk about it, all right? I'm required to warn you before you make any statements that you have the following constitutional rights, okay? >> Yes. >> Everybody Everybody got to say yes, okay? >> Yes. >> You have the right to the presence and representation of a lawyer of your choice before you make any statements and during any questioning. Any statement you make can and will be used against you in the court of law. Do you guys understand? Okay. Tell me what happened. >> Okay. I just moved. I was getting me some belongings, some washing stuff cuz I have a whole bunch of clothes I have to wash up, my kids something to wear to school. I just had did a return with my receipts, no store credit, no nothing. I did put everything cuz I don't like bags. I just literally had got to there and she was like, "Oh, let me see." I'm like, "Wait, hold on, wait a minute. I'm not even finished." You know what? Instead of going through that, I'm going to go to a register where they can just take out all my stuff and ring it up. She was making it seem like I'm trying to do something when I'm not. I was doing two separate transactions cuz I was going to do one with cash and one with my card. They can see I went and stopped. You get what I'm saying? She went to bother me. Yeah, I can't touch the girl cuz she was doing all this. I didn't even have finished ringing it up. I just walked to the thing. You get what I'm saying? No, I know me and her was arguing so I was doing like this. Basically bothering her, but I was paying for my stuff I was paying to pay for my Yeah, the employee I was Okay, the employee she the >> So, I'm done. So, you three are going to go to county with me, okay? And I'll take you in, okay? >> $929. >> I'm going to Listen, I was >> Stop, stop, stop, stop. Take off the your items cuz it's going to have to go with her. They don't take property over at uh They want to press charges. I can't do anything about that, okay? You got to talk to the judge ABOUT THAT, OKAY? TURN AROUND. Turn around. Stay. Yeah, yeah, you're good. No, not right now. You can't call anybody, okay? Cuz you guys are under arrest, so Listen, listen. Okay, listen up. Stop, stop. Ma'am. Shakoya, listen. Stop it cuz the thing about it is if you guys don't start cooperating, I'm going to throw charges for resisting, okay? Take this stuff out. Put this stuff and she's going to have her mom's going to have to take that stuff cuz I'm not taking You can do that, all right. That's perfectly fine. Shakoya, just turn around. Shakoya. Shakoya. Shakoya. Turn around. Take the bracelet off. Shakoya, listen. You're going to get a resisting charges if don't cooperate, okay? This is the last warning, all right? You're going to have to talk to the judge, okay? They want to press charges, I can't do nothing about that. Turn around. >> Just cuff me up, please. >> Ma'am. >> Oh my god, my boyfriend is going to kill me. I didn't even do nothing. What What are they talking about? >> They watched everything you guys did in the entire store. >> What? >> You got to You got to come back here. Just hang out with me real fast, all right? All right, here. I'm going to have to remind her. But right now, we're already past this point. No, listen. You got to relax, relax, relax. Can't do that. Come on. Come on. It's not that big of a deal. You going TO GO TO COURT, YOU TALK to them, it's going to be all right. Come on. Come on. No, ma'am, relax, relax. Stop. Ma'am, you got to chill out. >> You're really making this hard on us. >> Ma'am, get up. You can't. Listen. >> Ma'am, get up. >> You're doing this over retail theft. Come on. Ma'am, this is not making no sense right now. You go to court, you talk to them, it's all right. Talk to them at court. You get released, and then that's about it, all right? It's okay. You're making it worse right now. We're not going to argue. >> No, I'm not. I'm just trying to tell you. >> Get yourself You know, if you keep on going, I'll add resisting charges. I don't want to do that. I'm trying to be as patient as I can. >> TO GET IN TROUBLE WITH THE STORE. >> It's not a big deal over this. It's retail theft. >> No, it don't matter, but they seen me paying for my stuff. >> them at court. >> They're still going to jail. >> Ma'am, it don't make no sense you doing this, okay? You're just making it worse than what it needs to be. >> hell. I was paying for my stuff. >> That's why you just tell them at court. It's not a big deal. They're going to watch the cameras, and you'll be good, all right? Take a seat, ma'am. >> Do you have anything on you? >> It's all right. We'll transport you up there, you can talk. Just take a seat, ma'am. We're putting them together? >> Yeah, come on. >> Okay. You got to take a seat. >> What I was paying for myself. >> Just tell them in court, ma'am. >> Tell them in court? >> Just cuz you >> You keep talking about court, bro. You said a what? >> You're just being charged. >> With what? >> It's not saying that you're guilty. You can be charged with it. >> I'm a felony charged Are you serious? >> going to court and then you just let them know, "Hey, listen. I was with >> felony charged. >> these people and I paid for my items. >> I'm not doing anything illegal. Get your leg in the car. Get your leg in the car. Oh. >> I sympathize, but unfortunately, my hands are tied, okay? >> Sir, please don't do this. >> the earpiece, too, okay? >> I'm on probation. I didn't do anything. >> You should have learned from this. You did. I got you on video concealing items. >> Oh my god. I put my necklace in there. I cannot believe this. Oh my god. My >> Fold your hands like you're praying. >> My kids, Lord. No. Please don't do this to me. My baby daddy. My kids. Probably been a month today. >> All right. Let's go. >> You got my phone? >> Yep, I got it. >> You just take a picture of me. >> Uh Tony, just let her know that uh she's been trespassed. >> You're going to be trespassed from the property. If you come back within 2 years, you're going to be subject You're going to be subject to arrest. >> What So what I What I What I do with my stuff that I had? >> It's down here. >> The stuff they had in here, she's going to take that stuff, okay? That can't go to county property. >> Uh this stuff right here is all mine. >> I don't have Wi-Fi, babe. >> That's the boy right there. I'm on probation. I'm not trying to do this, sir. Please. I'm going through death. I'm serious. >> All right. Listen. You just listen up real quick. >> Please. Please. >> I check my car every time I put somebody in the car, okay? >> Today made a month for my kids' daddy. I'm serious. >> Unfortunately, ma'am, is that we we don't put charges. >> I didn't even They took my $900 I didn't have $900-something worth of stuff. I'm on papers. Why would I try to get $900-something worth of stuff? Please don't do this to me. >> let me ask you a question. It's too It's too late at this point. Watch your plate. >> Please, sir. >> Before rights were read, officers were already asking the subject to explain herself. Miranda versus Arizona requires that advisement occur before any custodial interrogation, not after officers have already begun collecting statements. Still, courts do not automatically suppress everything said before Miranda if the interaction started as a voluntary conversation rather than a formal interrogation. Whether those pre-Miranda statements cross the line is exactly what a defense attorney will bring to a judge. >> Go ahead. Show me your 10-6 with the officer, please. 20-56 >> I need you to step out for me, okay? Come on. Come on. >> I need you to step out. >> Come here. I need you to step out. Come on. >> You want the fire department to come check you out? >> You want the fire department to check you out? Hey. >> Ma'am. >> Wake up. >> Ma'am, come on. >> Wake up. Come on. You need to step out of the car. You need to step out of the car. You're making this harder on yourself. Come on. >> Step out of the vehicle. >> Come on. >> Sit down. Just sit down. Sit down. Sit. Sit down. Sit down. Put her in the recovery position. Put her in the recovery position. >> Wake up. Hey, can you sit up for us? I don't want to have to keep staring and rubbing you. I know that don't feel good. Can you talk to me? You having a panic attack? What's going on? Can you talk to me at all? Hello. >> Are you receiving? >> Um >> Is she receiving? >> She's over here. >> Hello. 6-1 6-7 >> you can tell us that. >> Do you have medical history? >> Possible eight >> If you want our help, you have to talk to me. Do you have medical history or something? >> Can you talk about what's wrong? You have to talk to us. >> Tell me what hospital you're going to. You can tell me what's wrong, right? >> Do you know what you took? No? You don't know what you took? All right, let's get you on the bed, okay? >> What did you think you were taking? >> Put your back there and swing your legs around. >> All right, so can we >> Can you just move up here for me? Can we do that? That way we can sit more comfortably. >> Scoot your butt Scoot your butt up here. Scoot your butt over. >> Well, we got to scoot you over, sweetie. >> You got to help us. You got to help us, ma'am. There you go. Good job. >> Yeah, good job. All right, we're going to put your legs up here, okay? You ready? >> It's just messing with me. >> All right, it's too late. >> Too late. You're going to >> County, you can do your show out, and have more charges, and then you can go get cleared, and then you go to the county. Well, you're going now. You're going now. Too late. We tried. >> I DON'T WANT HER GOING WITH ME. BECAUSE THAT AIN'T WHAT SHE SAID. SHE SHOULDN'T SAY >> OKAY, you can keep doing this, it's not going to matter. All right? You can go to county as a Baker Act, or you can tighten it up, get medically cleared, and then continue your journey. But what you're doing right now is not going to matter. >> I don't want her going with me. >> You don't have a choice. You're not in charge here. >> I don't >> Okay, well, she is going to go. So, you can continue to show out. >> Okay, well, just let me go. >> We're not letting you go. We're going. Too late. We already got that. We got to get cleared. You got to get cleared now. >> So, what happened earlier? Was that an act or something medically wrong with you? Cuz I'm here to medically help you if something's medically truly wrong. Or if that was just you acting. >> I don't >> I don't Okay, either way, she's going. If we got hard time through the thing we will. But she's going to get cleared. You screaming that you want >> yourself and do all this >> No, because I don't know what she said. Like that's what y'all need to know. That's why she has a problem. >> There's a camera on the inside. >> Okay, well let them run. You're racist. I don't want you going with me. >> No, that didn't happen. So >> How about we try to let's go. Let's continue the night. Sweetie, can you just get up on the chair? >> But that's what she keep telling me that I'm crazy. I'm mental. Y'all don't know what she's been saying. >> Okay. >> Like y'all don't know what she's been saying. >> But what if >> Like that's what I'm trying to let you know. Yeah, that's what I'm letting you know. You don't know what she's been saying. That's making me don't even IF I'M ACTING LIKE THIS, that's cuz she did something to me that I don't like. >> Okay. >> And she saying all type of CUZ SHE GOT A BADGE ON. >> OKAY. >> AND THAT'S NOT RIGHT. Just cuz YOU GOT A BADGE ON. >> OKAY. >> I just need you to show it all right now. >> BECAUSE BECAUSE I DON'T KNOW WHAT SHE SAID. Y'ALL DON'T KNOW WHAT SHE SAID ON THE RIDE IN HERE. Now she's trying to sit here and act >> This isn't changing your night. Okay? You're making this whole process longer. Everything that's going to happen is still going to happen. >> I don't want to What part of I don't want >> coming. You're coming with me. >> Like y'all don't know what she said. She said racist things to me coming here on my ride, which made me act the way I'm acting now. >> You're riding with me in the car. >> being honest. >> He's going to go with you. Everything's good. We want the best treatment for you before you go to town. That's all we're trying to do. >> He just said he's going to go with me. >> If she takes me, I'm letting y'all know I'm going to make stay honest. Stay honest. >> By her standing right here is making me [ __ ] mad cuz the she said to me and I don't like that. >> Okay. >> Listen. Listen. >> This is the sergeant, all right? If something was said in the car, he's going to watch all the video. All right? There's cameras in the >> She the reason I'm acting like >> If there's cameras in the car, we're not saying we're not taking nothing you say and saying that you're lying, right? What I'm saying there's nothing we can do about that right now. He's going to review the cameras and he'll take care of it if that's the case, okay? >> Ready, just get my little six. There you go. >> What did you say so I can look for it on the camera? >> I'll type what racist >> What What What did she say? >> SHE SHE MAKING ME WANT TO KILL MYSELF. SHE A NASTY SHE MAKING ME WANT TO. >> OKAY, that's not what she said. That's what you're telling me now. What did she say to you so I can look for it? Bravo wants to >> reason I want to kill God. She cut that off in my mouth. SHE DON'T EVEN KNOW ME. way back here. >> CONTINUE. >> YOU KNOW THIS WAY BACK HERE. >> OKAY. >> YOU KNOW THIS WAY BACK HERE, SO YOU KNOW WHAT YOU'RE DOING. OBVIOUSLY IN ONE WAY LEFT HERE ON THIS BAR, BUT YOU GOT THIS ONE BACK ON THE THIRD ONE. >> OKAY. >> Like you know WHAT YOU'RE DOING. >> BRAVO 10. >> He know what the [ __ ] he doing. HE KNOW EXACTLY WHAT he doing. >> He got He had Bravo 11 add resisting to the charge. >> I WAS RESISTING. >> KEEP GOING. KEEP GOING. KEEP GOING. WE GOING TO ALL PUT IT ALL RIGHT ON THE CAMERA. >> OKAY, PUT IT ALL ON THE CAMERA. THAT HE GOT THIS ONE WAY BACK HERE AND GOT THIS ONE WAY UP HERE. Um I need a sergeant so they can see exactly what happened. >> They don't got sergeants. >> Um can you please call another police? >> I can do what I can do in the in the hospital for you. That's it. >> We'll be here all night. Don't worry, we got deputies coming. >> Thank you. >> Okay. >> Thank you. At the point it ain't it it look like you on his side, so at the point I just need to talk to somebody here. Because you you you see what I'm talking about. >> I don't care about your >> You should My My My point exactly is so if YOU DON'T CARE, THEN WHY DO I MIND telling you about my problems >> Good. >> if you don't care, that mean I can >> Are you inside the hospital with the female? >> That mean I was resisting. >> 10-4, I was able to get her cuffed to the bed, but >> You already started off this [ __ ] >> picking items. >> I >> Do you have her room number? >> Fake ass charges. >> What do you mean by coming straight for me? >> I'm coming for you. I'm only reporting you. >> Oh, you're going to report me? But you need my ID number to report me, so I'm giving it to Okay. >> Okay. >> We've got a difficult person here. She requested another person. She could talk You could talk to >> Yeah, you're right, and I can talk for myself. >> All right. >> I don't know what's wrong with y'all. Can you come in? You can shut the door. >> No. >> Cuz I already feel like I was sick and called by them anyways. >> Just so you know, she's arrested for a retail theft. That's why she's in this in this situation. >> I'm not talking to >> All good. >> asking he said that I was resisting arrest. >> I wasn't in here, so I don't know. We have her on camera kicking stuff in the office. >> Yeah, that's what I'm saying. It's all on camera. Thank you for running. See, I like you. You're a respectable >> I appreciate it, sir. You are respectable and you're a nice young gentleman. Thank you. >> So, all they put was retail theft. >> I don't know what else they have on there. When they when they come with all the paperwork, he'll tell you. Okay? >> How, but you just told him to put another charge >> I don't know if he added it. I just told him on the thing. Cuz you were You were kicking stuff. You were kicking stuff. You were you were acting up. >> Because I just Because of how you had me. So, now you're making it harder for me because now you're adding another charge. That's you. >> I told but I told you that. I was like, "Hey, listen. Slide over. I'm going to put the cuffs." I was like, "Let me cuff it right." Yeah, but you can't un The nurse explained it. The nurse explained it to you. I can't do that. Liability. >> But I was on side. >> Yeah, but the nurse explained, "Hey, listen, if you sit here, it's my fault. I have to put you where I got to put you. I'm not doing nothing to spite you. You don't know me, I don't know you. You see what I'm saying? So, it's like why would I have any reason to spite you?" >> He shouldn't be putting no extra charge on me because >> But, I tried I tried to plead with you. I tried to plead with you. I didn't I tried to plead with you. I was like, "Hey, listen, relax. We're going to be out here soon." But, you wouldn't listen to me. >> So, basically you know that he put another charge on there. >> I don't know what he put on there. He's going to He's going to bring it up. We'll talk about it. >> When is he bringing it up? >> Should be on his way. He just transported her, too. So, he should be on his way over here. All right. Just sit tight. He'll be gone soon. >> Florida Statute 812.015 covers retail theft and defines the conduct loss prevention reported. The felony classification comes from Florida Statute 812.014, which sets the threshold at $750 for a third-degree felony. At $929, this is not a misdemeanor case. A third-degree felony in Florida carries up to 5 years in state prison. While the dollar amount clears the threshold, the defense will argue the subject never passed the point of sale with unpaid merchandise. Loss prevention described coordinated movement, communication between group members, and an approach to the exit that reversed only when the uniformed officer was spotted. Under Atwater versus Lago Vista, a custodial arrest does not violate the Fourth Amendment as long as probable cause exists. The probable cause here rests entirely on loss prevention's observations, which means the store's surveillance footage becomes the most critical evidence in this case. Florida Statute 843.02 covers obstruction without violence, a first-degree misdemeanor. That said, sitting on a floor or arguing loudly sits in a gray zone courts have split on. Kicking objects in a hospital room is the stronger basis, but that conduct was not directed at an officer. Florida statute 827.04 requires that an adult encouraged or allowed a juvenile to participate in criminal conduct. A juvenile being present in the group is documented. Whether that alone satisfies the statute is a factual question for a court. When the subject became unresponsive in the patrol vehicle, officers arranged medical transport. City of Revere versus Massachusetts General Hospital established that the government must provide medical care to individuals in custody. Officers also referenced Florida statute 394.463, the Baker Act. The subject alleged the transporting officer made racially charged statements in the vehicle. Under the 14th Amendment's equal protection clause, that is a federal civil rights issue. The sergeant pointed to the in-car camera. Those allegations either happened or they did not, and that footage is the only objective answer. The arresting officer maintained a calm and consistent tone throughout a prolonged non-compliant encounter without escalating to unnecessary force. The subject's account was consistent from the LP office through the hospital, but her refusal to cooperate compounded her legal exposure, especially given she was on probation. First, if you are on probation, any new arrest triggers a violation proceeding regardless of the facts. Second, when in custody and an officer acts improperly, report through official channels, not physical escalation. Third, in a group shopping situation, approaching an exit then reversing can establish probable cause. This case has multiple unresolved threads, a felony charge that hinges on surveillance footage, a resisting count built on hospital conduct, and a misconduct allegation waiting on an in-car camera. Let us know in the comments what case or topic you want covered next.