I wasn't opening my clothes. >> Oh, no. >> That's what's in my pocket. >> You're fine. But no, >> the only thing in here is milk and it's leaking. That's it. >> No, you're you are fine. Okay. >> He's saying no. I still can't go. >> So, I just can't just go home. >> Why? >> More like you just stole a candy bar. Okay. I guess there's a question about almost $11,000 worth of lottery tickets. >> 11,000. >> But you don't have it on video. That is 50minute videos. If a police stand in front of me, they could they could deny me if you use the restroom. >> I have to pee. Like I'm bleeding. Like he told me no, I cannot go. >> I'm not happy. Just >> on November 8th, 2022, officers responded to a Wind Dixie location in Florida following a 5-month internal investigation into employee lottery fraud totaling over $10,000. This footage was captured on officer body camera during the suspect's investigative detention and subsequent arrest. >> Here's what happened next. All right. So, what's happening is we have an associate. Um, >> okay. >> We started seeing some lottery shortage over here, for instance, ticketing online. >> Um, it started back around beginning of July. >> Um, and it's gone on to present. So, >> since July, this individual's been selecting lottery cards. >> Lottery cards, playing online tickets. >> Yes. Okay. You want to go back in there for me real quick? >> Can you tell me what's going on? I can try to >> I don't know what's going on so I can >> That's cuz I I don't want my kids to be stuck out the door and >> I know. Well, we don't I don't know what's [snorts] going on yet. So, let me talk to him and we'll go from there. >> Um, so have her on video, you know, selecting tickets mainly at the liquor store. she would just scratch the bottom to see if they're a winner or not, discard them if they weren't, cash them if they were, and then there's also another process on the cash register to where um like if somebody brings up a winning ticket, we can key in instant lottery redemption and then put in the dollar amount and then we pay that out. Well, she figured out that she could do that even without a winning ticket and everything still balanced on the back end in our world. But then when we got the bill from lottery then obviously we [clears throat] were like okay well we paid out more redemptions than what we received >> and so that's when all this started to unfold. >> Um so we're looking at um total that I can prove that she >> was $10,653 [music] something like that during that time >> every on video >> every on video I got it all on a thumb drive for you. Everything on video I've got the our report that shows our redemptions on our register and then the all of the redemptions on [music] the Florida lottery terminal. Since we don't own that, I had to get that through the state and that shows everything of what ticket she scanned, what the value is on an Excel spreadsheet. So that's how everything login for her information doesn't matter. The machine is a machine. Anybody >> The machine's a machine, anybody can do it, but it's her scheduled shift. Uh and obviously on video, she's the only one at the liquor store cuz we usually only work one person at liquor store. >> Okay. So basically she's been taking lottery tickets, scan the bottom if they're winners or not. If they're not winners, they throw them away. If they are winners, she scans them, takes money, and she found a way to get [music] to make a lottery ticket a winner every time. And it's been going on since July. They have a thumb drive full of all the It started July 2nd, I think, was the first day that we discovered it. expenses. Um, so do you have like date and times written out? Do you have anything written out yet or no? >> Everything's on that thumb drive as far as Excel spreadsheets. >> So, she's basically taking lottery tickets, scanning them, but don't they have to be activated? >> They're all active because they're all, you know, for gameplay. >> I will tell you. We're trying to figure that out. I'm trying to figure out what I have. Okay. I'm going to figure out if we're taking a gel or not taking a gym. >> Well, I know. >> I will let you know. Once I know, I will let you know. Okay. So, can you sit down for me? >> I want my kids. I have a seven and a child is in school right now having an asthma attack. >> So, let them figure out what's wrong and >> take a seat for me. We'll figure it out. >> You know, they'll they'll let you be. So I just can't just go home now. >> Why? >> Because the allegations I guess we have going on against you. >> Going to investigate this all. >> Okay. Well, now that they did their investigation now they could tell us what they have going on. >> Say you had to talk to somebody else to finish going on to know what's going on. >> Well, they're providing us a verbal statement. What's been going on since July? Okay. So, it's not more like you just stole a candy bar. Okay. I guess there's a question about almost $11,000 worth of lottery tickets over00. >> Okay. So, >> explain to me it was like numbers. >> So, yes, we're going to >> Is that something you really >> Yeah, I got >> Let me see. >> You want to You want that back or >> She's right. She's adding >> Okay. They do instant redemption as a as a hand key, right? And then they put $30. we give you 30 bucks, >> right? >> Well, everything bounces in our world until the state, which we only get quarterly, the state send us a bill that says, "Hey, >> you actually overpaid." [snorts] >> We overpaid. We overpaid in redemptions because she figured out that she could just do that instant lottery redemption for no ticket and get whatever money she wanted out of a fake. Correct. Or no, winner having a ticket. Not even having a ticket. She just goes up to goes instant lottery redemptions. $100. Okay. >> Scanners ticket. >> Correct. >> You can just computerize. >> Correct. >> Is that normal practice? >> In my 15 years here, I've never had somebody figure that part out that they could just do it without >> so obviously something on our back end that might need to be addressed. But >> they gave her that opportunity. >> Okay. >> And then she played some online stuff, too. I mean, the online's probably a couple hundred bucks, but the rest is adds up to the, you know, 10,600 something dollars. >> Okay. [snorts] >> Do you have a print out of >> I didn't print it out cuz it was just so big. I mean, these reports are >> that USB that you have. What What is on it? >> I've got all the video um offered doing all this stuff. I have all the receipts of video. Security. >> Yeah, security video. Yeah. >> Time stamp and dated. >> Yeah. Time stamp dated. [music] Um I have one file that has all the video, one file that has >> you. Okay. >> Oh [ __ ] Scared the hell out of me. >> How long? >> Huh? >> I just been out here. >> I just saw that she got up over there and you moved back. So >> Oh, cuz you jump. Cuz she told me to make a phone call. >> So I'm trying to think of who can I call to get my kids off the daycare and the school. her children are about to get out of school. So, she was >> But I do need the same. >> So, >> that's what I'm trying to figure out cuz the people in my neighbor make sure they >> So, I'm trying to think who went around my house. >> I would I would try to figure it out. >> That's what I'm trying to do. >> So, while we're doing figuring out stuff here, so you figure out what's going on. >> So, can you ask them to say that they were just talking to me about this two months ago? >> I will gladly ask him. Don't worry about that. But, I'm telling you right now, I'm going to be talking with them. We're going to figure out what we have going on. You haven't until by the time we come in here and talk to you about what's going on to figure out a ride for your family for your kids and stuff to jail. >> There's a possibility. >> Why? >> Because apparently you stole almost $1,000 >> and my the Cory and Charles that run this store. They had a conversation with me and they woke me up for >> But let me like I said, let me figure out they have over here just get somebody to see if they can pick your pins up just in case if you do happen to go to jail. >> Think I'm trying to think who can I call. My family don't stay here. They say it's Georgia. Okay. Well, you need to figure out a family friend or somebody or else I can call my friends the child protector services. >> So, can I call y'all um one of the police officers that used to work with you guys? >> Can I get my laptop? >> Used to or does tell you about the meeting we had? >> Hang on. >> See, now he don't want to say nothing >> cuz he's talking with us. I told you he just can't interrupt. We're talking now. So, figure out what you're doing. Figure out somebody with your kids. Okay. >> Can she walk me in the bathroom? No, >> I'm bleeding like >> No, >> she's walking with me. >> No, you're not going anywhere. >> I can't even go pee. >> No, you cannot go pee. >> Why do I supposed to use the bathroom? >> It's either you make phone calls now for somebody to get your kids. Okay, I'm helping you that or I put you in handcuffs and we just go. >> No, we're not doing that. >> So, can you go? We have to listen to >> It's my You're in my custody right now. You are not free to go. You're under investigative detention right now. Okay. >> You know what that mean? >> I also want to talk to >> Okay. Okay. >> So, what was the question? >> Just the extra total amount. See, we can just put >> I see. >> Let me ask. >> If a police stand in front of me, they could they could deny me if you use the restroom. >> You got to tell them why we're in front of you. You're you're making accusations of you stealing $11,000 from Lind Dixie. >> Say it again, Auntie. >> Okay. Because with when I started back over here, he's saying that um $11,000 worth of lotto I took. So the police stand here. I have to pee. Like I'm bleeding. Like he telling me no. I cannot go. >> I just asked him. He said no. She can't even go with me. I have to stand here. >> Yes. >> Can you just for that emote to that right there? >> Yeah, sure. >> 223. >> She said if a female me, I should be able to go. >> It has to be law enforcement. >> Y'all can't stand out the door. Ain't no in the bathroom. [music] >> Do you have a I need a female offer to >> Oh my gosh. >> No. The thing is I'm having a female officer come here and it's going to search you prior to going to the bathroom. >> Oh, she can search me. You want to take what's in my pocket? No, I'm opening my clothes. >> That's what's in my pocket. >> You're fine. But now >> the only thing in here is milk and it's leaking. That's it. >> No, you're you are fine. Okay. >> He's saying no. I said can't go. >> But why don't you ask her see if she will um >> go pick up your little ones just in case you do have to come with me. >> I cannot hear you. Okay. >> She said the same thing you said. >> What? >> I'm sorry. When the police say something to me, I'll call somebody used to work for the police to work with. >> She said, "A long as it's a female officer, I can go. Other than that, if it's a male, I cannot go. I have to sit here and hold my ear." >> Okay. >> So, it's the art. So, they didn't tell you about the write up they gave you for that. >> What's that? >> They didn't tell you about the write up that the whole conversation we had in here cuz I had it with Charles in court. >> That's fine. I mean, >> but but this is about the same thing you just talking about. >> Correct. Cuz at that point, we didn't we didn't know where the loss was coming from. >> He said the lot. He said he said the lotto the lotto is messing up. So, you whatever you're doing, you need to stop. He said cuz it's a a lot of money for that. >> And then after that, it was another one for the Go upstairs and see if we don't have time to know. And >> so apparently apparently 3 days ago lottery police got contacted by Windixie about it. They compiled all the paperwork and all like the files and everything for Windixie. So there's a PDF up here with like tons of information on it about video surveillance. I guess each actual um scratch off ticket dates, times, money value. Yeah. I mean, we're going like 11 grand over 5 months, man. I mean, that that's Yeah, that's that's that's >> that's corporate problem. >> Well, it's theft. It's grand theft. >> But Warren Vinci has their own corporate that investigates [ __ ] like this. >> Yeah. Well, >> and they charges. >> You wait 5 months to do this. Well, they just knew about it 3 weeks ago because they got alerted by the state regarding I guess basically they sent a summary or whatever and I guess they said like, "Oh, you're you're over this amount because basically each ticket has a value." So, she would go in just go to the computer and just take money out without scanning a ticket. So, that they hit and then I guess that when they found out about it, they started investigating it, contact the lottery police, lottery police sent him all the information. Um, I guess he just got the rest of the information, I don't know, yesterday, today, or two days ago. And then I guess, uh, she's here, so nobody's talked to her yet. Um, I guess lottery police said that they have too high of a workload that they're not going to come take this. And it's just simple grand theft. And if you need him to come to the station to uh, go this way to explain all the paperwork and how to read it and all this other kind of stuff, >> they've been helpful already. So, >> he he'd be more than happy to come do that. I appreciate that. Like I don't understand why they just don't do it, but whatever. >> So, I just need you to fill out a statement form. Basically, just put your information here. Okay? >> Down here, put her information. Okay? >> And then, let's just make this the easy way. So, on the statement form, just write um >> on this date. At this time, I was informed of XYZ. Um, >> you begin an investigation which you ultimately determine that from this month, this day to this month, this day, employee X was doing XYZ. Um, you contact the lottery police. U, they went ahead and sent you over all the files as far as video, dates, times, I'm assuming the the transactions. like all the video and all the register transaction was from us and then I had to go through the state to get the for the the lottery their lottery terminal reports and that's what I contacted >> the scans of the actual scans right >> and then just say you got all that information um just say that um it has been determined that the total amount of of of theft from >> um you know business or whatever is x amount of dollars um and then just put in there that you wish to pursue charges okay >> all right >> okay cool >> I mean I mean, we don't have to go too deep into yours, >> right? I mean, I mean, everything's on the thumb drive, so >> I know it's going to take some time to do day by day and each time. And I mean, that's a lot. >> That's what I was going to say. It's probably going to be she obviously depending on she says her. If she doesn't like, then we'll have to release her while we continue to work the investigation because it sounds like it's kind of in depth for months, right? So, u once we arrest her, the state has 33 33 days to file on those charges. So, if we can't really make sense of it for them, then they're going to drop it. >> Obviously, the only thing I'm worried about is restitution. So, obviously, I have to go through the prosecution part to get that. >> So, is it is it Windixie that's at a loss or is it for the lottery? >> I'm at a loss for the value of the tickets. Now, the cases that I've worked for in the past is we'll prosecute for the value of the tickets cuz that's my loss and then the state goes after that person for the winnings of those fraud tickets. >> Okay? So that's what usually happens. >> That's even more indepth for the lottery. >> Yeah. >> Yeah. What's the total value for the almost >> for my loss is 10,000. Yeah. 10 10653 >> for the uh just the >> for the tickets. Yes. >> Okay. >> Yeah. >> Yeah. Then the value for the state is probably going to be triple that probably. >> Yeah. Depending on what you're >> Yeah. So, like I said, just on that just kind of like just this date you found out about this, you began an investigation and you know, just kind of the format of it. So, cuz I I likely I'll be I'll be doing the initial just a brief just we got here, right? So, this is what you said. >> It was handed over to them to >> spend the more manpower time to sit there and go through everything. >> So, what's most likely going to happen is they're going to take the initial report. it'll come up to us and we can kind of look at everything that you provide to them and kind of make sense of it for the state and then file the charges. >> Okay. >> As long as I get it through the courts, I mean that's my only hope of getting restitution. So >> who do you want to do an interview? >> You have one hour. >> I don't really have a lot of knowledge but I'll give it a shot. >> Just understand. Yeah. >> Doesn't break. >> I just want What was your What was your I know your your last name is Bird. What was your first name again? Ma'am, >> you can be my my man. Said me go to jail. >> I didn't say that. But in order for me to speak to you, okay, because you are detained, okay, because we are doing an investigation. In order for me to legally speak to you, I have to read you your Miranda warning. Somebody said you're going to jail, okay? But I have to read these to you. Okay. So, what was your first name? It states that the constitution requires I inform you that you have the right to remain silent. Anything you say will be used in court as evidence against you. You are entitled to talk to an attorney now or have him or her present now or any time during questioning. If you cannot afford an attorney, one will be appointed for you without cost. If you desire to consult with an attorney first or have one during the interview, just speak up at any time. If at any time hereafter you wish to remain silent or have an attorney presence, all questions will be stopped. Do you understand your rights? You you willing to speak to me? >> Go ahead. >> Okay. Is that a yes? >> Is that a yes? >> No. >> Okay. Okay. But just there are resources out there. Okay. And if you need help, you need to contact us. Salvation Army, uh rescue outreach mission. There there's a whole different slew of things out there. Okay? We have a pamphlet at our police department which is >> my address. >> So I know where you live to make sure all your information is right. >> Okay. >> There are pamphlets we have that have >> I don't know >> 100 different types of resources out there. >> Okay. But okay. What do I have to do with my address? >> So I know where you live. >> Why you know what I live >> for a report? >> My address have to be on a report. >> Everything will be on a report. This is what's happening. Okay. You're going to take a ride to jail. Okay. So, sit down. >> Come on. >> Who do you need to call? >> I don't have nobody to go get my kids. So, come on. Let's see. He catch >> Hang tight. We have some some things that need to be handled over here. So, have a seat. >> Okay. What will be the charge? >> Grand theft and scheme of defraud as of now. One count of grand theft and scheme to defraud. But there's going to be more counts of grand theft coming down the road once they can go through everything and and atomize every individual transaction. So, every transaction is a theft. >> So, I'm going to have a felony charge. >> Yes. two felonies, >> but it's one count now, but it's going to add up. >> Okay, so I won't even get no bind. Okay, >> I believe there is. Don't quote me on it, though. >> All right, so have a seat. >> Hey, just just bring that later. I don't even need it. Come on. Can you go out the door? >> I got to do it here. >> Do it right here. >> I don't need Stephen. I >> Okay. Well, I'm trying to put your arms back like this. Like you're >> Stop pulling from me. >> Put your hand behind your back. >> Okay. Stop pulling. Do you understand that? >> Downstairs. I don't walk down the stairs. >> Doesn't matter. You're pulling from me. >> You don't do anything that I don't tell you to do. Do you understand that? >> My hands on your couch. >> I do that car. I'm not happy. Just leave. >> Let's examine the constitutional framework. The first legal issue is the threshold question of detention authority. Under Terry versus Ohio 392 US1 decided in 1968, law enforcement may briefly detain an individual without probable cause for arrest provided officers can articulate a reasonable suspicion of criminal activity. Here the evidentiary basis far exceeds that threshold. The store had compiled months of timestamp surveillance footage, internal register transaction reports, and Florida lottery terminal records obtained directly from the state. all pointing to a single employee. That body of evidence does not merely satisfy Terry. It constitutes probable cause for arrest under Illinois versus Gates, which established the totality of circumstances standard for probable cause determinations in 1983. The second legal issue concerns the dual charge framework. The suspect faces two distinct felony charges under Florida law. Florida statute section 812.014. The state's theft statute classifies theft of property valued between 750 crimes and of property valued and $20,000 as grand theft in the third degree, a felony of the third degree carrying up to 5 years imprisonment. The confirmed loss of $10,653 clears that threshold by a factor of 14. The second charge scheme to defraud under Florida statute section 817.034, the Florida Communications Fraud Act, captures something the theft statute alone does not. the premeditated systematic nature of the conduct. A single impulsive theft and a fivemonth engineered scheme to exploit a POS system vulnerability carry different criminal weight and section 817.034 ensures the law treats them accordingly. The restroom denial raises a nuanced but frequently misunderstood fourth amendment question. Courts have consistently held that brief physical discomforts during a lawful investigative detention do not per se constitute an unreasonable seizure under the Fourth Amendment. The officer's compromise offering a female officer to conduct a patown prior to escorting the suspect to a restroom is constitutionally defensible. Unsupervised movement during a felony investigation presents a legitimate flight and evidence tampering risk, and the patown condition was a proportionate response to that risk under the totality of the circumstances. The suspect's refusal of that condition does not transform the officer's initial denial into a constitutional violation. The Miranda adisement represents the most legally consequential moment in this footage. Under Miranda versus Arizona 384 US 436 decided in 1966. Any person subject to custodial interrogation must be advised of four rights. The right to remain silent that statements may be used as evidence, the right to an attorney during questioning and the right to appointed counsel if unable to afford representation. The suspect's status as a detainee under active investigation constitutes custody for Miranda purposes as clarified by the Supreme Court in Burkimer versus McCarti in 1984. The officer administered all four Miranda elements correctly and in sequence before initiating the interview. That timing is critical. Any statement obtained prior to a proper Miranda advisement in a custodial context is subject to suppression under the exclusionary rule. Had the officer questioned the suspect before reading rights, the resulting confession, however, probitative would have been inadmissible. The suspect waved her Miranda rights and made a post-advisement admission. That waiver to be valid under North Carolina versus Butler must be knowing, voluntary, and intelligent. On camera, the suspect confirmed understanding and agreed to speak. The waiver appears facially valid, though a defense attorney would likely scrutinize the circumstances of the extended pre-in detention and the emotional pressure of the child care situation as potential voluntariness challenges. During the arrest, the suspect physically resisted pulling away from the officer during handcuffing. Under Graham versus Connor, 490 US 386 decided in 1989, the force supply must be objectively reasonable from the perspective of a reasonable officer on the scene evaluated against the severity of the crime, the threat level, and the degree of resistance. The officer responded to resistance with verbal commands. Only no additional physical force beyond necessary manual control was applied. That response is well within the objectively reasonable standard established by Graham. One procedural gap warrants attention. No documented chain of custody. Procedure was observed on camera for the USB thumb drive containing surveillance video, register transaction logs, and lottery terminal scan records. Digital evidence is subject to authenticity challenges under federal rule of evidence 901 and its Florida state equivalent. If the defense raises a foundation objection at trial arguing the USB, contents cannot be verified as unaltered and a proper chain of custody. Log was never established. The prosecution faces a meaningful evidentiary vulnerability on its primary exhibit. Now to the grades. The responding officer receives a B+. The Miranda adisement was properly timed and complete. The dual charge framework was correctly explained to both the complainant and the suspect. Deescalation through the childare discussion before formal arrest reflects sound situational judgment. The use of force during handcuffing was minimal and proportionate. The restroom compromise was constitutionally defensible. The grade falls short of an A solely because of the undocumented bro chain of custody on the USB drive. A procedural gap that could become a significant liability at the evidentiary stage of trial. Wind Dixie management receives an A minus. The internal investigation was thorough, multisourced and well organized. Management correctly escalated to both the Florida lottery police and local law enforcement. The evidence package video register reports state terminal data was prosecution ready. The grade is not a full A because the underlying system vulnerability, a POSOS lottery redemption function requiring no ticket scan and no individual login authentication went unressed for 5 months. That control failure is not a crime, but it is an institutional failure that enabled the scheme in the first place. The suspect receives a C. Financial necessity is a recognized mitigating factor at sentencing, but it is not a legal defense to theft or fraud under Florida law. Necessity as an affirmative defense requires, among other elements, that no reasonable legal alternative was available, a claim significantly undermined by the officer's reference to available social service resources on camera. The suspect also waved Miranda rights and provided a post-advisement admission without consulting counsel first. A legally consequential decision that handed the prosecution direct admissance physical resistance during arrest while minor added an additional layer of legal exposure. The C reflects non-violent conduct and some compliance with lawful commands balanced against decisions that materially worsened an already serious legal position. Three lessons emerge from this case that apply broadly. First, internal controls matter. A POS system that allows unrestricted cash extraction under a generic redemption code with no ticket scan requirement and no individual login is an open vulnerability. Any business handling high-v value negotiable instruments should implement dual verification controls and conduct monthly reconciliation against third party records, not quarterly. Second, invoking the right to council is not an admission of guilt. It is a constitutionally protected decision that preserves all legal options and costs, nothing at the time it is made. Every statement made postmiranda without counsel carries the risk of becoming the prosecution's most compelling exhibit. Third, chain of custody documentation for digital evidence is not optional. As criminal investigations increasingly rely on USB drives, cloud exports, and thirdparty system logs, the formal intake and logging of digital media at the moment of evidence transfer is the foundation on which admissibility rests. Let us know if there is an interaction or legal topic that you would like to discuss in the comments below. Thank you for watching and don't forget to check out our second channel, Audit the Court, for even more police interaction and courtroom content.