I'm not gonna take your money bro I'm just saying you sure are sassy for a thief I'm always sassy what's your consistency yeah on June 14th, 2024 officers responded to an active retail theft at a target store the suspect was a woman in her early 30s later identified as Alizae born in 1992 she allegedly spent her entire visit concealing merchandise worth approximately $700 without paying Target Loss Prevention said they had been watching her from the moment she walked in when confronted she denied everything claimed a cash receipt and refused to produce identification the store surveillance had been running the whole time and what it captured told a very different story I've been watching since you were here I've been watching since you've been here I want you to put everything in all your bags OK put everything in these bags yes right yes that you did not pay for so I paid for the everything you did not pay for everything we watched your whole transaction I'm trying to make this easy for you you just need to come back to the office I'm gonna write your name on a piece of paper that's it we already have your friend's card I can't believe that come on my friend in the car I didn't come with no friend you came with two other ladies I watched you the whole time I know okay that don't mean I came with them just because we all walked in together so what do you wanna do cause I I have help here you have to come back to the office I need to document all your information is that your friend oh no the cops no it's somebody alright I'll put it away I accept my phone call okay well do you want you just want to arrest her or do you want to go arrest me for what for retail theft I'm not stealing anything I bought these okay perfect then okay perfect then where's your receipt at my receipt is right here in my wallet what are you talking about two legal frameworks converged in that hallway Target LP detained Alizae under Indiana's shopkeeper's privilege before police arrived that is the common law right to hold a suspected shoplifter when there is probable cause to believe theft has occurred the moment officers assumed control authority shifted to a formal Fourth Amendment Terry stop a different constitutional standard now applied from that point forward the Fourth Amendment governed everything so the country time lemonade okay cool right then what is what is that oh that is all in is like a pair of panties out of like all that she has in here oh what's all this you didn't pay for any of this the Pokemon that's not here stars above oh I'm supposed to put that back I didn't realize you didn't realize it was in there pause on what she just said that phrase I am supposed to put that back is not a neutral sentence it establishes prior knowledge she knew that item was not paid for intent to deprive is a required element of theft under Indiana Code Section 35 43 4 2 her claim of not realizing it was in the bag collapses against her own words voluntarily on camera no leading question she put the prosecution's central element on the record herself so what else didn't you realize was in here like the Nerf gun or whatever that is in the bottom what do you guys think about bought that you bought this yeah it's right there on the it's that okay I don't know what it is so what what about this buy that I need to is this your bag or is this that's that's my friend's bag that's your friend's bag what do you have or what are you waiting for okay her friends don't have anything that we know okay alright we have to just take this whole card then cause I don't take things that I hate okay that's okay I'm gonna sort with yours and I'm taking back with mine I'm just saying this this right here in the country time and that's and then the rest of the stuff what do you mean what so he said one of us to go there to figure it out I don't see the point hold on let me get your ID first I wanna know who you are I don't have my ID on you you don't have your ID on you no I don't you have a credit card with your name on it I have debit card with your name on it no I don't so how did you pay for this stuff cash yeah cash it says right there on the thing it does oh man you did pay cash right with a snap and I paid with cash alright cool well we can take a name from you Alizay hold on cause you're not free to leave until I ID you so just say Alizay I'll put your receipt back a L I Z E hey can you guys bring the and do you have a middle name what's your wish we'll do whatever you want we're going back to the office we're going back to the office let's go let's go we're going back to the office what's your birthday I don't know what you think 92 yeah 1992 so I don't know where what you're used to but right now you're being detained for retail theft you are being detained is the legal pivot of this stop Terry versus Ohio 3 92 US 1 1968 sets the standard officers need reasonable suspicion a particularized and articulable basis to believe criminal activity is occurring to lawfully hold someone that threshold was cleared long before this announcement loss prevention observed the concealment directly unpaid items were in the bag she was not free to leave but she had not yet been formally arrested that distinction carries very different legal consequences and if you cooperate with them we'll give you a ticket OK I'm cooperating well then let's go back up to the office let's go back up to the office yes I got somewhere to be that's that's that's too bad man you're already here if you don't if you don't want to then I'll just put your handcuffs I'll take you to my station I'm not making it worse for myself I'm not making it worse for myself y'all got some work to do but I put the stuff that I paid for right here in my bag that's not how this works alright well she's gonna go upstairs and play ball so he got my name and everything y'all can no y'all go working on computers no what this yeah this is not you think this is a f*cking game this ain't a game how do I think this is a game I'm sorry like do you wanna go upstairs it's your last opportunity go upstairs for what y'all should do should do the documentation for a ticket documentation for what y'all want a ticket right now no what's your real name that's my real name okay how do you spell the last name and your first name Ella Z and what's your birthday 1992 92 I didn't get anything back on that you have an ID or no I don't do you have one out of a different state yes I do what state from New Hampshire New Hampshire do you wanna go upstairs with them and get a ticket or do you wanna come with me do you wanna go upstairs and get a ticket do you wanna go upstairs and get a ticket no OK that's fine then here turn around you don't have to no I'm gonna go upstairs no I'm gonna go upstairs I'm gonna go upstairs you're under arrest once an officer has decided to arrest and communicated that decision the suspect cannot undo it by agreeing to comply her last second change of mind came after the decision had already been made probable cause had been established long before the handcuffs under the Fourth Amendment that standard requires no confession the cooperation window had legally and practically closed what are you talking about I'll go right up there you think this is a game stop this is what happens when you play games I was gonna walk I was gonna turn around no no no you weren't yes I was no you weren't I was definitely gonna turn around you didn't you didn't the first three times I asked I was gonna come with you I was trying to let oh my God I'm gonna go sort out this thank you OK what's what's not your stuff it's a lot man I gotta go but I mean it's not a lot it's this bag right there this bag is ours I think this is ours too this is the only bag she came in so I don't know these bags that's the only bag she came in with is there stuff in here that's yours though no shoes in there that's my shoes that I've been had OK yeah those are one yeah those are one oh those shoes these shoes right here these let me see kick them off kick them off for a second what do you mean kick them off kick them off what do you mean we're gonna go there's someone just took them I'm sorry alright dirty stop stop what do you stop what do you mean I'm trying to put my shoe back on stop stop when the vehicle registration name did not match what Alizae had provided this encounter shifted legally that discrepancy directly supported the obstruction of identification charge more critically it triggered a database return it surfaced an active warrant for identity deception from a neighboring county Indiana Code Section 35 43 5 3.5 a Level 6 felony a 700 dollar shoplifting stop had just become a multi county multi charge arrest no if you want to document who's in there no Walters oh yeah wait what for retail if she didn't get in the car how we gonna do that we're gonna do that what what we can find out just ID everybody in the car so we know who they are 93 can you identify the other occupants of that car what plate comes back to that car that 93 like I was gonna turn around and go back to the you weren't yes I was you're just a liar I was how I was texting my it's fine what stop y'all don't that phone is not y'all that phone case is not y'all what are you talking about now that been in here since the last what's the name that's the last store the last store you just put yourself what store you was at no I'm talking about the store that I've been went to and bought this stuff where at we don't I don't think uh Walmart Walmart don't sell target stuff you want so that's not target so do you want your other shoes back so I can have my shoes back or what what do you mean my other shoes back those shoes I literally watch you take them off try them on look in the mirror these are yours I did not look in the mirror why are you you're already here man like it's too late just just give me my shoes I've had these shoes take it off what are you talking about you walk around with two pairs of shoes no I've been had these in my purse is your name Boyd that sounds familiar right that sounds that sounds kind of like your name huh Boyd yeah Boyd what the f*ck is Boyd Miss Boyd no what the f*ck is Boyd that's your name no the f*ck that's not oh who's car then the officer retaining the belongings rather than releasing them to companions is not optional it is procedurally required under the inventory search doctrine following a lawful arrest officers may secure all property on the arrested person this protects the chain of evidence and prevents access to items under investigation standard procedure established under Colorado versus Bertine 4 79 U S 3 67 1987 okay you can put my wallet back in my purse okay I got hey my bad I'm not gonna take your money bro I'm just saying you sure are sassy for a thief I'm always sassy what's your consistency yeah the receipt no it's back in no I give it to you it had four things on it okay it had the two it had the two country time that outfit so one of these is ours can you um ask which item they should scan no I paid with that and tell them to bring the camera down so what's gonna happen is you're gonna be trespassed from the store for a year you cannot come back OK you cannot come back you gotta call them again OK you cannot step foot in here you can't piss in here anything I'm sorry she had a lot of stuff yeah it's gonna be a lot not a lot sure she uh only the shorts and one of the panties so this is ours right yup the shorts is hers yup so these two and one of the panties what color ask her what color hey do you know what color it was like the colorful one or the brown one cool we'll take that with us you paid for that yup that was already in my bag oh this is all that's paid for yep oh this is her quite a bit what's up was this a self checkout uh she can sell everything like on the floor and the self checkout she only bought this she didn't even present the other stuff to the oh yes I did I put the scanner out there and I scanned it alright it wasn't on the receipt you gave me oh it wasn't on the receipt look right here I don't have to look nowhere 3 2 1 you're famous I mean not Instagram famous I'm definitely Instagram famous you're definitely Instagram famous I don't know you actually I can get all our information from you later right yeah yeah you guys do what you guys do put me in a car yeah you're coming to jail for what for retail theft I just said that I was gonna turn around and no I just said that you weren't gonna turn around OK well then can no wait cause y'all gonna leave stop stop OK I'm trying to put I'm trying to bring that to the person in the car no they don't get it let's go no they can't they need they need my thing no they don't yes they do no they don't how come they don't because I don't know who they are I know who they are they're my cousins no no you said that no you said that you didn't know them originally because you know just cause I came with them doesn't mean I know them I didn't say I walk I said I didn't walk in with them okay well that's all means you know you didn't know them so your stuff come with me cause I don't want anyone to take it from you they're not gonna take from me if you just give it to them I'm giving you permission to give it to them no it's okay I'm just no I'm just saying like I really want my things with them it's okay it's coming with me watch your head safer this way you'll that way you'll get it back when you go no I I just want it with them you don't need a female from over here you don't need a female I just know stop it no I'm like I'm just asking you can you give that to them that's it and that's all what can we either for the station or right here I don't know could be say that's texting just let her know I got nothing in my head OK put my hat back on turn around for what turn around why cause yeah I have a whole dress alright there's nothing can I put my hat back on no it's with me we're going in your bag we're going in your bag don't worry can the lady come and grab my bag I'm not letting you sit down why not no because OK I'm sitting down but get in get in I just no cause I want her to get in I just want her to grab my thing it's all come with me let's go let's go I didn't do all that I'm just saying this ain't a f*cking this ain't a game this ain't a I know it's not no game I tried to turn around and y'all tried and y'all just instantly handcuffed me and I'm just trying to get in the car I'm just trying to get my we're gonna pull you in the car if you don't pull you don't turn around I don't have to pull me in the car I just want my things with her turn let's go it's gonna happen let's go let's go oh my God let's go can I get my things with her no here seatbelt safety first why why my things can't be with her because they're coming with you so nobody takes them no but I'm trying to get in contact with her so she knows too late it's not too late it is I've been trying to do that's what I was already doing put your leg in that's what I was already doing when you try to handcuff me I'm trying to turn around three legal actions came out of this encounter the first retail theft under Indiana Code section 35 43 4 2 the law requires proof that a person knowingly exerted unauthorized control over another's property with intent to deprive them of its value with approximately 700 dollars in merchandise this falls below Indiana's 750 dollar threshold placing it at a Class A misdemeanor a prior theft conviction would elevate it to a Level 6 felony the critical element is intent it was established on camera when Alizae said without any prompting I am supposed to put that back prior knowledge that an item is not paid for satisfies intentional unauthorized control no interrogation required she said it herself voluntary on camera before any formal arrest the second charge is obstructing identification under Indiana Code Section 34 28 5 3.5 accurate identification is required when an officer lawfully stops you and states the reason Alizae refused to produce any identification the name in the vehicle registration did not match what she had given officers both facts directly support this charge third an active warrant for identity deception was executed upon booking Indiana Code Section 35 43 5 3.5 a Level 6 felony from a neighboring county on Miranda no warning appears on camera and none was legally required for the statements that matter under Berkemer versus McCarty 4 68 U S 4 20 1984 Miranda does not attach during an investigative detention before formal arrest every significant statement Alizae made was pre arrest voluntary with no questioning directed at the crime those statements are fully admissible no suppression issue exists for any evidence that carries weight in this case officers and Target loss prevention receive an A minus patient constitutionally grounded backed by direct eyewitness observation from entry to arrest the stop and identify demand was constitutionally valid confirmed by Hiibel versus Sixth Judicial District Court of Nevada 542 U.S. 177, 2004 the underlying stop was lawful supported by far more than reasonable suspicion one vulnerability the arrest came the instant Alizae agreed to comply legally defensible probable cause was already established tactically one more second of patience would have produced a cleaner and less challengeable record Alizae receives a D minus her near admission at the bag inspection was the defining mistake of this encounter I am supposed to put that back spoken without any prompting handed the prosecution the intent element before a single formal question was asked under Berghuis versus Thompkins 5 60 U S 3 70 2010 talking to police without invoking the right to silence is an implicit waiver she talked throughout the entire encounter every word went into the evidentiary record the refusal to identify the name discrepancy and the active felony warrant each added a charge she could have avoided a manageable Class A misdemeanor became a multi county multi charged situation that was entirely within her control to avoid three lessons from this case first I am supposed to put that back is not a recoverable sentence in theft law intent is the difference between an accident and a crime that sentence proves intent spoken voluntarily on camera without prompting before any arrest it cannot be unsaid second refusing to identify yourself during a lawful detention is not a right it is a separate charge under Indiana Code Section 34 28 5 3.5 providing identification when lawfully stopped is required third outstanding warrants do not stay hidden a 700 dollar shoplifting check triggered their discovery an active Level 6 felony warrant from another county surfaced every law enforcement contact carries that risk thank you for watching if this kind of legal breakdown is valuable to you please hit like subscribe and ring the bell it is the best way to 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