On November 11th, 2025, officers at Austin Bergstrom International Airport responded to a reported retail theft valued at approximately $1,130. Surveillance footage confirmed the suspect selected a suitcase and a backpack, then passed the final point of sale without rendering payment. >> Hi, what's going on back to my school? She just walked out of the store. He's going to let her pay for it. But she literally stole that both of those bags from him while he was helping another customer. I was just coming in to work and he told me about it. So I said, "I'll help you." Look, cuz he's going to lose his job. That's over $1,000 worth of bags. >> Okay. >> Now she said she's going to pay for it cuz she thought she could just walk. >> I'm sorry. >> Thank you. I can show you on camera right here if you want. >> Yeah. So that is like 700 something bucks and the backpack itself is like 450 something bucks. What she's trying to say that she thought this was one of like you know how like Amazon has stores where you can like grab stuff and walk out and then charges it to your account. She's saying it was like that, but like the video that she just got, you can tell she walks up, grabs it, she steps over here like looking and she's looking and then she walks in like right there for a second and then she just walks out. >> I was like trying to walk out. I mean, I was sitting there like >> Oh, okay. I'll wait for him because I know he's getting video that you have. >> And it was me. That's why I w there's places that you walk in and out and that's I said it was a scam as you walk out. I wasn't trying to leave without it. I sat on my gate. I'm not trying to do anything. I'm willing to pay for it. And I apologized to him. He said he could lose his job and I I feel really bad. I really do. And I I did not switch tags. I have my my bag over there. I didn't do anything to Miss Sky. I I was just sitting on my gate. >> Yeah. Okay. Well, >> I just came from work, honestly, and I'm going on a on a trip on Friday, so I needed a bag. I saw it. It was busy, and I thought it was like a thing that you can I mean, most stores in in any other airport, I travel a lot, you can walk in and out, and they scan it, you walk out. >> Okay. >> In Minnesota, they doing it like all over. And it's my bad. I didn't even look. >> I didn't even look. I need it for the weekend. That's what I'm like was trying to buy it. >> Okay. Give me a second. Let them talk to her and then and then we'll figure out. >> I feel really bad. I really do feel bad. >> Have we got her information yet? >> Yeah, I got her ID. So, not in Minnesota. >> Yes. So, what I was saying is that in Minnesota Yeah. I'm not interested story. Where the tags at to to >> So, I went to the bathroom. I used the bathroom and I need I needed this for the weekend. >> No, no, no. Where the tags? >> The bathroom and I went back. >> Can you go get the tags? >> Yes. And they're not there. >> Okay. >> It's all the bathroom factory. >> Okay. All right. I did look. >> The possibility is that if she does purchase it, he >> Okay. >> He's fine with it. >> So there is that >> that is an option. But he >> What is it? Sorry. >> But if you can't find the proper tags for that, >> then >> can they run the other ones that are like resilient for I mean there is like I looked at it'll be up to him. It'll be up to him if he can do I don't I don't know if they can do that or not. >> Okay. Cuz there is other I mean I looked at the colors. I was trying I looked at the colors and I said I like burgundy and that's >> but I don't know what that does to their inventory. So if he brings up a black one, it might >> reduce their inventory by one. Okay. >> So you taking that one and and the tag's not being with it anymore now. It it's causing a problem with their inventory. >> So he's going to see what he can do to try to fix that. If not, then >> he's not going to >> So you went back to look at When did you go back to look for the tags? >> Just now. She let me go. >> Oh, >> just now. And I left my bag here. >> Wow. >> And I said there I I mean I went to the bathroom from here to the bathroom and then to the gate. I actually went to the lounge >> and then to the gate. So they clean out the bathroom. >> Okay. >> Can I tell my gate that I'm late or >> am I going to miss my flight? You think >> just get I mean normally I mean if it's a 210 >> Well that 2 Yeah. 2 I have time. I think I have the time. >> I mean just depends on Where's your gate at? Which gay would >> right here? Like 10. >> She's out of state. So you can't give her a citation. I mean, I I swear I promise like >> Oh, yeah. >> He said that's not even an airport price. He says they're normally that expensive, which >> Yeah, they are. They are. I mean, I'm buying it because I'm going on a trip with my family and it's my 50th birthday. >> Where's your family? Are they here? >> In No, in Minnesota. I came for work. >> Okay. >> So, I I was buying it to go on a trip to Mexico in Minnesota. But I can't remember. >> Okay. >> Can you Can you run another color? >> No. My sister, >> right? It's going to It's going to mess up his >> I mean, I could have just not come back and took my bag and leave. But I'm not trying to do that. >> I just >> No, no, no. Like when you let me go to the bathroom, I could have just leave. I'm not trying to do anything stupid. I promise. Okay. >> I came for work. >> On his end, >> he has to do something with his inventory that he without having the tags. >> Yeah, >> there's nothing you can do. >> Yeah. >> So, in that case, uh >> I have these. >> That option is off the table. >> Can I just buy another >> I mean, it's the same exact thing. >> So, what's the what is the >> You're under arrest. >> Oh, >> so can I just pay for it? I swear. >> He can't mess up his system. He doesn't have another wine >> um backpack back there. So, you're there's no other choice. You can't even site because you're not from here and it's it's class A misdemeanor. So, you're going to have to go to jail. >> Can I just buy a black one instead? >> He can't mess up his inventory. Like I said, I mean, >> can I call the company? I mean, can I >> I mean, it's not the same the same code. It's in the same So, do you have anybody on the line with Delta right now? >> Yeah, I'm I have somebody online. Can we lock in the bathroom or maybe with the lady that clean the bathrooms? >> I mean, >> can I can I go do Can we go do that? >> There's going to be virtually impossible to track down which person cleaned out. >> There is like there is like right here. I promise. I swear to God. >> But you said you already looked. I I look on the bathroom that I thought it was but there was other bathrooms that were closed. We looked really quick. >> I apologize. Like you've already looked. You said that >> there was one bathroom that I Hello. >> Yes. So basically, >> so she ripped the tag. The whole problem is cuz they were going to let her pay for it, but she ripped the tags off of the bathroom. They had to track her down in Delta. By the time they got her back here, they let her go look at the bathroom for the tags. He only he doesn't have another tag for the maroon one. So, he can't scan a black one and sell it because it's gonna mess up his inventory. So, there's not much he can do. >> So, and you do want to press charges now, correct? >> No. >> Okay. All right. >> Okay. >> So, it's unfortunate, but that's what it is. >> Can I call them? Can I buy the black one? Can we Can I go to the bathroom again one more time? >> No. I'm so sorry. I swear this is like a total misunderstanding. >> Yeah, we we we tried on our end as much as we could. >> I am so sorry. >> We have to wrap this up. We We have a We've got some place to go. >> I know. So, >> okay. >> You're going to have to If you want to go put your credit card up, >> can I grab my bag over there? >> I'll grab your bag. >> You're going to have to find your >> So, can you put me on the six? Can I leave? Like after you check me in, can I >> So you're going to jail and then you have to talk to a magistrate and you probably won't be out until tomorrow or the next day. >> Oh my gosh. I'm going to make you wonderful. Can Can we please work this? Please. >> There's nothing we can do. >> Wonderful thing for my mom's birthday. >> Okay, I understand. >> You left for that pain point. Whatever. Whatever. I get it. I would have the discrepancy, but I need you to go ahead. >> I'm giving you a There we go. I don't even That doesn't even matter. >> You want to take your take your satchel off? I I'll put that on. >> Can I just buy the black one? Can we look in the bathroom one more time, please? >> Okay. Please go and take your satchel off and go ahead and take your fanny pack off. I've still got your ID. Can >> Can we please look at the bathroom one more time? Maybe the lady is there. Garbage is there. >> Can I dig into the garbage? You already said you >> No, I didn't look into the other garbage. Can I please take that please? Please, >> you're under arrest right now. >> You can leave this by your dog. >> Are you here with someone? >> No, I'm by myself. I came for work. >> Okay. >> I just came to drop off a dog for a sick woman. That's what I do. That's literally what I do. >> Can you Can you go to the bathroom with me, please? >> We definitely can't walk inside a woman's bathroom. >> What? Say that again. >> We can't walk inside of a woman's bathroom. >> No, I will go in. >> We We >> No, >> we can't. We had >> I did not mean to do that. I swear to God. >> This is horrible. >> We unfortunately if we had the tags, we might be able to go a different route. >> I wish I wouldn't take him out. I didn't want to walk around with >> I wish you didn't take the I wish you didn't take the suitcase from the beginning. >> I know. I know. I should have asked. I He was busy. I >> No, you should have bought it. Instead of asking, you should have just bought it. >> I I swear that there are so many stores in Minnesota you walk out and they charge you. I've been to those. But you also have to use your card to go inside the store. >> Some of them. Not all of them. No, I promise. I promise. >> All right, we're going to walk out to my car. >> You stop by the checkpoint. >> That's exactly where I'm at. >> My check. I got checkpoint west at >> So whoever taken care of >> who wanted just to check one. What kind? >> I'm sorry. It's too We're too far past. >> It's too far. Okay. I have the money to pay for gold. I promise. >> Yes, ma'am. Bob, I wish you would have paid for him to begin with, but >> I thought I did. >> And it's just unfortunate situation. >> I thought I did. I thought I did. >> Thank you. Yeah. >> I mean, I'm always at the airports. I know. >> I swear to God. >> It doesn't matter. It's too far like this. I could have hide. I mean, I could have done so many things if I was really trying. >> You You have to understand that, right? Like, I could just do something like right. >> What you did was commit theft. So, >> I swear to God, I thought it was like a I hear what you're saying, but it would have been good to verify with somebody that that was >> I should have. >> And by not doing that, this is the situation that you're in. >> No, I understand. I I'm not I understand. And when she let me go to the bathroom, I could have just not come back. >> We're going to have to go up and around cuz I'm not going to try to get her around. >> Yeah. >> So, >> you understand? She let me go. >> We walk We're going to walk this way. >> I could have just not come back cuz you weren't even there. I came back cuz I didn't do anything. >> I'm not saying I'm not saying you're guilty of anything. >> I would have come back. What what I am saying is if sometimes if people if you were to believe that that store was one of those stores you could just walk in and walk out. >> Yeah. >> Why would you take the tags off? You don't have to answer that question. >> What I'm saying is those are questions that the people inside the store asked me. >> Yeah. I didn't want to walk I'm not asking you. >> No. Like would you walk around with a bag with the tags on it? I don't >> I'm I'm not asking you that. I'm just telling you what they what they said. >> No, I understand. No, it it's not even I'm not questioning their I'm not questioning their thought process. I don't I I can see why they think I did it. >> Yeah. Yeah. >> No, I can see I'm not even trying to blame them. I mean, they're doing the job. I feel terrible. >> I feel terrible that he would have lost his job. >> Actually, he wanted to help you out. If he had the tags, he would have helped you out. >> I swear to God that I I feel so bad that he would have lost his job over this. >> He would have >> I give people shots. I don't I >> I don't know why this is happening, but you know what? >> I I have an idea why it's happening. I have an idea why it's happening. >> Why? >> Because you walked out the store without paying for the bag. >> No, I understand that. I did not meant to do that. >> Okay. >> But I don't know if God is I don't know why God is doing this to me right now, but it's I'm just going to take it. It is. >> It's not It's not the crime of the century. >> I swear to God, I did not try to walk out with a bag. >> Right. >> I did not. >> Like I said, I have them. I can show you my my bank account. It's not like I don't have the money. I do have. >> It's just unfortunate you couldn't have paid for it when you had the chance. >> I I swear that I thought I did. I swear that I thought I did. >> You want to have a seat in there? Let's examine the constitutional framework. That single act, exiting past the last register without paying, established probable cause under the standard set in Illinois versus Gates in 1983. Gates requires only a fair probability that an offense occurred, not certainty. The footage cleared that bar immediately. The central legal question in this case is not appropriation. That element is uncontested. It is intent. Texas Penal Code section 31.03 requires two elements. unlawful appropriation of property and the intent to deprive the owner of that property. The first element is established. The second is where this case lives or dies. The suspect offered a mistake of fact defense. She claimed to believe the store operated on an automated checkout system similar to Amazon Go. Under Texas law, a genuine mistake of fact can negate the men's required for theft. But it must be reasonable, and the evidence here works against that claim. Surveillance footage, as described by the store associate, showed the suspect pause near the exit and visually scan her surroundings before leaving. A shopper who genuinely believed merchandise would be automatically charged has no reason to pause and look around before exiting. That behavioral detail matters, but the most legally damaging fact is this. The suspect removed the retail tags from the merchandise while inside the restroom before officers located her. Tag removal is treated by Texas courts and courts nationally as strong circumstantial evidence of intent to permanently deprive. No automated checkout system requires a customer to remove price tags. That single act collapses the honest mistake narrative. It is the evidentiary anchor a prosecutor would return to at every stage of this case. The suspect further acknowledged during the walk to the patrol vehicle that she should have verified the store's payment process with an employee before taking the merchandise. that admission is significant. A defendant relying on a reasonable mistake defense is expected to point to some affirmative basis for their belief. The absence of any inquiry combined with the tag removal and the surveillance footage gives the prosecution a coherent, wellsupported theory of intent. The total value of the stolen merchandise $1,130 places this squarely under Texas Penal Code section 31.03 subsection E paragraph 3. That provision classifies theft of property valued between 750 and $2,499 as a class A misdemeanor. The penalty range up to one year in county jail and a fine of up to $4,000. Under Texas law, the ability to pay is not a defense. The offense is complete at the moment of taking. Officers attempted to find an alternative to arrest, exploring whether the suspect could purchase a replacement item. That pathway was closed by the store's inventory system. Officers then referenced the citation restriction. This is legally accurate. Texas law permits officers to issue a citation in lie of physical arrest for certain misdemeanor offenses. However, that option is generally unavailable when the defendant is not a Texas resident. The suspect identified herself as traveling from Minnesota. With the citation pathway closed and the store pressing charges, the arrest was authorized under Texas Code of Criminal Procedure Article 14.01. That article permits warrantless arrest when an officer has probable cause to believe a felony or misdemeanor has been committed and the offense is within their jurisdiction. The Supreme Court in Atwater versus City of Lago Vista decided in 2001 confirmed that custodial arrest for minor offenses is constitutionally permissible when authorized by state law. Texas law authorizes it here. The arrest carries no Fourth Amendment defect on these facts. At the time of this analysis, the outcome of any criminal proceedings remains unknown. Based on established law, the case presents a genuine factual dispute on the question of intent, a question ultimately resolved by a judge or jury, not by body cam footage alone. In Travis County, firsttime offenders frequently resolve such cases through deferred adjudication, which would avoid a permanent conviction if successfully completed. That determination rests with prosecutors, not with officers in the field. The arresting officer receives a B+. probable cause was present and well documented. The citation restriction was correctly applied and accurately explained to the suspect. The officer maintained a calm, professional tone across a 14-minute interaction without escalation, threats, or unnecessary force. Genuine effort was made to find an alternative to arrest before the decision was finalized. That conduct reflects sound discretion and professional judgment. One area of concern. During the walk to the patrol vehicle, the officer began questioning the suspect about why the tags were removed, then retracted the question mid-sentence. Inconsistent interrogation technique, beginning a line of questioning and then withdrawing it is not best practice. If an officer does not intend to conduct a formal interview, that line of questioning should not begin. This does not affect the lawfulness of the arrest, but it is a procedural note worth flagging. The suspect receives a C plus. Her conduct during the arrest itself was commendable. no physical resistance, consistent compliance, and no hostility toward officers. Her immediate willingness to pay when confronted is consistent with an innocent mistake. Her decision not to flee when given the opportunity is consistent with someone who believes they did nothing wrong. However, the tag removal is the central problem. That single act is incompatible with a reasonable belief in automated checkout. The greater legal error was the sustained voluntary statements made without invoking the right to counsel. Every explanation offered without an attorney present is discoverable by prosecutors. The appropriate conduct upon arrest is to clearly and calmly state, I am invoking my right to remain silent and my right to an attorney. Nothing said after that point. Every statement made beyond that is a gift to the prosecution that no attorney can unring. Three lessons from this encounter. First, tag removal destroys the mistake defense. If you genuinely believe merchandise will be automatically charged, there is no reason to remove the tags. Courts and juries understand this. That action more than the exit without payment is what transforms a potential civil matter into a strong criminal case. Second, silence is a right, not an insult. Once placed under arrest, voluntary statements almost never help and frequently cause harm. The right to remain silent exists precisely for high stress moments like this one. When the impulse to explain feels overwhelming, invoke it, then stop talking. Third, out of state travel changes your legal exposure. A Texas resident facing the same charge might have received a citation and appeared in court later. The suspect's Minnesota residency removed that option entirely under Texas law, converting a manageable situation into an immediate custodial arrest. When traveling across state lines, the law of the state you are in governs. Understanding that exposure before a situation arises is far better than learning it inside a patrol vehicle. Let us know if there is an interaction or legal topic that you would like us 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.