oh I did I did take some I did take some uh what's that, some socks I did, I took some socks and stuff I did just hang out for a second I did just swimming around starting early today huh on May 20th, 2023 officers in Kent Washington responded to a shoplifting call at a local target store the suspect a woman later identified as shaniqua had already fled the parking lot in a white Honda before police arrived according to loss prevention this was not her first incident at this location she had been flagged for prior thefts at the same store she was allegedly associated with a known theft suspect named Cornelius Martin Just two days earlier she reportedly tried to steal vacuum cleaners from the same target when officers tracked down the vehicle and made contact Shaniqua was found in the passenger seat of the stopped Honda the moment an officer told her she was a suspect in a shoplifting case what she said on body camera before a single word of Miranda was spoken would hand the prosecution every piece of evidence it needed oh yeah so I got my body camera recording yeah um what did you get um you seen her before yeah I've seen her before I um apprehended her or I tried to just like two days ago and she gave up the vacuums that she's trying to steal yeah we have other um incidents on her and she's also on the road with Cornelius Martin I don't know if you know who she is I we don't know her name now okay you have a photo of her yeah yeah let me see if I can um I know according to this Martin I think I've seen her before it's just can I find the name to it yeah so give me a little bit of time if not dude just keep your tracking and then you have all your cases once we get them we'll hit it with all I'll call you back if I see her too cause she's been more active my boss just was in court with me this morning yes so now he's got her back I'm doing the same sh*t yeah Alrighty well let's just let's just be the female on the passenger seat lower your window put it down all the way put your hands out on the dash me yes both of you guys put your hands out on the dash oh sh*t I'm sorry what I do look what I do what I'm no no I'm saying what I do I'll get my lighter out of here for what what I do just keep your hands on the dash oh my God what did I do oh my God what did I do can I ask you guys a question I'm not I'm not trying I'm not trying to I'm not doing none of that baby relax for a second I'm not trying to do none of that just relax you do you have to hold me I'm not I'm not doing anything I'm not doing anything come on what did I do huh can I please ask you guys a question sir she's sitting on your lap or something yeah she jumped in the car she just jumped in the car ask for a ride and sometimes they're detained in the black female black jacket who fell out of the car she was apparently sitting on the passenger's lap they're saying she jumped in the car in the parking lot can I ask you a question you've been detained okay okay but I'm asking what did I do so right now you are a suspect in a shoplift oh I did I did take some I did take some uh what's that, some socks I did and I took some socks and stuff I did just hang out for a second I did when an officer says you have been detained he is triggering a Terry stop a temporary investigative hold that requires only reasonable suspicion that is a meaningfully lower legal bar than probable cause for arrest but that threshold became almost academic in the following 10 seconds the officer's next statement you are a suspect in a shoplifting case was a declaration not a question Shaniqua's response was not interrogated out of her under Rhode Island versus Innis 4 46 U S 2 91 1980 Miranda only protects against the functional equivalent of express questioning it has never shielded a statement a suspect volunteers before a question is posed what she said is admissible on its own independent of every confession that follows stop just let him finish real quick okay and just so you know you've been audio and video recorded okay so I'm going to jail I don't know yet okay I'll give it back I just got the socks please what's next please I got my kids at home right now please oh my God what did I do I didn't try to do nothing on you no sir I don't have nothing on me nothing nothing no nothing no nothing sir nothing alright what's your first name Shaniqua Shaniqua yes Shaniqua or Shaniqua Shaniqua Shaniqua okay just relax we're gonna talk it's not a huge deal okay I'm not gonna my kids at home please I was just trying to feed my kids that's all we're gonna walk right back to my car okay okay please don't have to go to jail huh I I don't know what we're going I don't know what we're going yet what did I do I didn't do anything well we just talked to you about it I know but I'm saying so just hang out for a second OK I understand I'm about to faint I don't wanna go to jail I don't wanna go to jail did we say you're going to jail I swear I got kids at home Shaniqua stop stop okay I don't have nothing on me sir he has to make sure okay so I don't have nothing on me back my hand okay huh back my hand for a second okay back your hand yeah this is the back of my hand okay okay yeah go ahead go ahead go ahead go ahead there's nothing on me but do you hear what I'm saying yes but I don't I got what you so just before we go any further so you have the right to remain silent and just just hear me out you're not going to jail okay stop I have to read you your rights so cause I'm gonna ask you some questions yes okay you have the right to remain silent anything you say can be used against you in the court of law you have the right this time to talk to a lawyer and have him present while you're being questioned yes if you cannot afford to hire a lawyer one will be appointed to represent you before any question you be asked you understand your rights yes having these rights in mind you still wish to talk to me yes I do OK what did you take from target I got some uh what's that some pants and a T-shirt and to to to get take it to my my friends so I can get some money for my kids to eat that's it OK where's it at where's it like um it's right in the back it's in the back yeah okay whose car is it whose car is that yes that's hers that's her car yeah okay and then what what what did you take besides pants socks and that's it that's all I took pants socks and shirt yeah that's it OK is it in your bag or is it in a shopping bag it's in the bag right there it's in the target bag right there in the target bag yeah by saying yes I do Shaniqua provided an explicit verbal Miranda waiver the clearest form the law recognizes under Miranda versus Arizona 3 84 U S 4:36 1966 a waiver must be voluntary knowing and intelligent emotional distress alone does not render it invalid what she volunteered post waiver is a complete case in chief for the prosecution naming specific items specific motive and the exact location of the merchandise in the vehicle delivered without a single leading question do you have any warrants or anything I need to know about you know what I do have an old one that that's been years it's from just tell me what is it it's from years and years ago it's from a a theft that was a long that was like 7 8 years ago okay hang tight with me for a second I'll be right back alright but this is you right for sure okay I just making sure just making sure do you recognize anybody I do recognize people who do you recognize lady in the middle from what um from the Kent Target with Southworth in Delaware in the past just a few minutes ago OK perfect um and what all did she conceal on her a bunch of men's clothing and some other clothing in her jacket anything other than the target bags um just the target bag um I know she put stuff into her personal bag and whatever was in her jacket and she took it out I'm not okay perfect uh stay here for a second yeah no I think they're good to go um do you want the people in the vehicle trespass from as well uh yeah you can trespass them for life yeah okay yeah if you could just id them and trespass them yep that'd be great and then just log them in the call and uh cool hi how are you I'm Officer Garrett I can please have a body camera you're being recorded so just so you know you are under arrest for shoplifting the arrival of the target loss prevention representative marks a procedural shift the investigation is moving from investigative detention toward formal arrest with independent civilian corroboration now on the record what just occurred is a one person show up identification the most common field identification method and the one most frequently challenged by defense counsel under Neil versus Biggers 4 0 9 U S 1 88 1972 courts assess show up reliability on the totality of circumstances with elapsed time between the offense and the identification carrying significant weight here loss prevention identified Shaniqua within minutes of watching her conceal merchandise that timeline addresses the core reliability concern the Biggers test is designed to evaluate and uh miss just to let you know you are trespassing target for life if you go back there ever again there's a potential my kids is at home please I promise I won't go back I got kids at the house we can go over there and check on them who's with your kids right now nobody they're at the house how old are your children my sister and please what did I do I didn't take that I take a whole bunch of stuff I mean what is the problem have you have you guys read her yet I read her OK so already OK so you left your children alone no no I left them at my at my friend's house OK how old are your children they're listen I what I can't go home oh well hear me out shoplifting is not the crime of the century I understand that but at the same time if you committed a crime you go to jail right I understand that but they said like man I ain't do nothing I understand that part what did I mean I got I I got issues man you do and your children have issues too I wanna make sure your children are taken care of that's why man I'll figure that out I just don't wanna go to jail can I go home I know you don't wanna go to jail but they don't wanna have their stuff stolen either I know and I will never I will never this is a lesson Learned right here but you you hit him earlier in the week oh me yes they have the video they have all the case oh yeah yeah but I I just said when I tried to no no I didn't I tried to I they had to stop you from stealing vacuum cleaner they did they did but that's why but and I was like you know what after that night I said I was never gonna go back I promise you but so here's the deal you're under arrest we're gonna get this stuff back um uh and you understand you cannot go back because you stole it I know but I'm just saying I can't give it back and go home no you committed a crime okay that's you're an adult correct you have children I hear you I hear you right like when your kids do bad stuff they have to be held accountable right where am I going with jail I'm going you're going to catch jail you are under arrest crosses the legal threshold from reasonable suspicion to probable cause and by this moment that probable cause is overwhelming the record includes two on camera confessions stolen merchandise in the vehicle and a loss prevention eyewitness who directly observed the concealment inside the store every element of retail theft has been established by the suspect herself on video in both pre and post Miranda statements the formal arrest is not a legal risk it is a procedural formality on a fully documented case can't see jail yes a little small jail what's that that little small jail if they're not you we can always iron our fingerprints and photos if they if they're not willing to accept she is getting booked I'm about to I'm about to fall out no please I'm about to have one I'm about to fall I'm about to fall I got bad a** please don't don't don't okay um miss so you understand that you are getting yes yes I understand anybody want a burger please no what's up you want a bucker yeah can I go to the hospital I'm about to I can't breathe man I can't breathe man you already get her info please yeah she's all please you logged in there yeah please please alright here's all the property are those those are hers these ones are stolen ones okay um that might be her bag oh my God I don't care hey miss is this your purse did you have anything in here that's yours no okay do you have anything that want you want to follow you to the jail maybe a phone or anything no I can't breathe I got asthma I've bad heart look I can't breathe I can't I can't breathe I'm about to I cannot breathe no no no no I can't breathe no no no oh no no I can't breathe no no no no no I can't breathe I can't breathe please can I go to the hospital please come on come on I can't I cannot breathe my heart so I have I have a bad heart I got a heart I got a bad heart I got a bad heart man come on listen man please thank you thank you listen take a video I don't know but I got a bad heart okay for what sounds good alright uh uh you guys got table to that I cannot be that was for me that was for me no please please please I cannot go back in that car man I'm about to hey I'm about to stop I can't do it no I'm scared please what's that please the side form oh my God no not yet no I can do it oh my God I don't have anything what are you doing alright I'm just testing you oh my God I can't please stop you guys no no no no no I can't I can't I can't I can't oh my God I can't do this you guys no please please please no I cannot breathe I can't breathe I can't breathe this thing is too tight too please we'll check that out please this side this side right here face the car face the car I don't have nothing on me I keep telling you that I don't have nothing on me my lighter I gotta go to that little tiny jail huh the tiny jail yeah please don't take me there please please just face the car when it comes please don't take me to that little tiny jail I can't I'm a please you guys are taking me to the little jail no you're going to camp right downtown alright please forward okay oh my God I don't have anything on me what are you doing see I don't have nothing on me alright I'm checking I just gotta make sure I don't have nothing on me okay that's good come back here with me let's go back over here I cannot breathe man no there you go you're good no I'm not I appreciate you go ahead sit down I cannot do this car man please I cannot do this car sit right there man f*ck no I cannot do this sit up in the car man I cannot do this car can I literally it's a five minute drive please I can't breathe in here can you open this my guts please which one listen stop moving I will loosen the one on your left hand it's not this one that's loose and though what's this is this one that right here that needs to be loose right here please no turn turn your hands what's she saying there's plenty of room there no it's not man you guys come on I can't do this please I'm sorry please you guys I'm sorry I'm sorry I'm sorry I'm sorry I'm sorry I'm sorry please I'm sorry please I'm so sorry please I'm not trying to I'm not trying to I'm not trying to watch your knee watch your knee I can't breathe in here I can't breathe in here I can't breathe I gotta go to the hospital please can you take me to the hospital please I can't breathe I got a bad heart you guys look it up I don't focus on your breathing and not talking oh my God this is crazy what am I doing man f*ck my this thing is tight on my hand please but can you please OK I will I will listen as of right now I will listen to you but can you loosen this just a little tiny bit please can you please just loosen this a little bit and I will stop you're fine this thing hurts my arm oh my God you guys gonna do me like this with my hand like this no look at it look no look I'm not trying to I don't run or nothing OK but look at my hand seriously some real sh*t look look at look at it look my chest is twisted and hurt I can't even move my arm right here this sh*t is hella tight that's because you keep no that's because you know my chest is hella tight I didn't say this on this phone right here I'm putting my finger in it look at it man shaniqua faces theft in the third degree under Washington State R C W 9 a 56.050 which covers theft of property valued under $750 and three elements must be proven first that she wrongfully obtained control of her property belonging to another second with intent to deprive the owner of that property third that the property value did not exceed $750 every element was established on camera she admitted taking clothing from target without payment and stated her intent as selling the items to buy food for her children a plan to convert stolen property to cash constitutes intent to permanently deprive the stolen goods were recovered from the vehicle a potential enhanced charge exists under R C W9 a 56.3 60 Retail theft with special circumstances which can elevate the offense when the defendant has prior retail theft convictions loss prevention documented prior theft incidents at this same store Shaniqua confirmed the vacuum cleaner attempt from two days earlier whether prior convictions exist is a question for the charging decision the prior pattern however is already on body camera the most legally significant moment in this footage comes before the Miranda card is out of the officer's pocket the officer tells Shaniqua she is a suspect in a shoplifting case he does not ask a question she answers immediately I did I did take some socks and stuff I did that admission is fully admissible under Rhode Island versus Innis 4 46 U S 2 91 1980 Miranda applies to express questioning or its functional equivalent declaring a suspect's legal status is neither Miranda itself preserved voluntary statements of any kind from its suppression framework that confession stands as independent evidence regardless of everything that follows Miranda was then read in full her waiver yes I do was explicit and verbal under Miranda versus Arizona 3 84 U S 4:36 1966 a waiver must be voluntary knowing and intelligent emotional distress without police coercion does not void a clear verbal waiver the waiver holds the detention required reasonable suspicion under Terry versus Ohio 3 92 US 1 1968 officers had a matching vehicle and a loss prevention description that threshold was clearly met formal arrest required probable cause established by two confessions physical recovery of the stolen merchandise and a live eyewitness identification from loss prevention the show up identification is evaluated under Neil versus Biggers 4 0 9 US 1 88 1972 on elapsed time opportunity to observe and certainty loss prevention watched Shaniqua conceal merchandise minutes before making the identification the Biggers analysis is not a meaningful challenge on these facts she also voluntarily disclosed an old theft related warrant approximately 7 to 8 years old another unsolicited statement made after a valid Miranda waiver if that warrant is still active it creates a separate basis for custody Shaniqua was booked on a shoplifting charge and issued a lifetime trespass from target the stolen merchandise was recovered from the vehicle at the scene the officers receive a combined A minus the first responding officer maintained consistent de escalation while building a complete evidentiary record Miranda was read before post-waiver questioning began exactly as required under Berkemer versus McCarty 4 68 U S 4 20 1984 which mandates Miranda for custodial suspects regardless of offense severity Officer Garrett's formal arrest followed only after identification was confirmed one concern: the comment you are not going to jail delivered one sentence before Miranda was read creates a minor voluntariness argument that defense counsel could raise it is unlikely to succeed given her explicit verbal waiver but it was unnecessary and it could have been avoided overall a professionally conducted field arrest Shaniqua receives a D her most consequential decision was speaking the moment she heard the word shoplifting before any Miranda warning was issued under United States versus Patane 5 40 two US 6 30 2004 that type of spontaneous pre custodial statement cannot be suppressed through the Miranda exclusionary framework she then waived Miranda and provided a detailed post waiver confession naming specific items her motive and the location of the stolen goods she remained cooperative and did not attempt to flee or destroy evidence however voluntarily disclosing an old outstanding warrant and confirming the prior vacuum cleaner incident unprompted were additional self inflicted legal injuries every substantive statement she made moved her case in one direction only target loss prevention receives a B plus the representative gave immediate certain identification and provided testimony based on direct observation of the concealment act that is eyewitness evidence of the most critical fact in any retail theft prosecution the weakness the item description was less specific than the suspect's own confession a documentation gap that defense counsel would highlight in a contested case prior documentation of Shaniqua's theft history and the speed of identification are genuine strengths the most important lesson from this footage is about timing what happens in the first 60 seconds of a police contact often determines the outcome of the entire case before anyone searched Shaniqua before any identification was conducted she provided a complete admission on body camera she did not know she could stay silent and she did not the pre Miranda admission is legally autonomous from everything that followed even if her Miranda waiver had been challenged and the post waiver statements suppressed the pre Miranda confession would have remained admissible as a voluntarily made statement that is the operational reality of spontaneous admissions under current federal constitutional doctrine the third lesson is evidentiary layering the loss prevention eyewitness account the post Miranda confession and the physical recovery of the merchandise each stand independently challenge 1 and 2 remain cases with this kind of evidentiary redundancy rarely reach trial thank you for watching if this breakdown helped you understand how these legal principles work in the field subscribe so you do not miss a new analysis and hit the bell so you are notified the moment new footage goes up we cover police interactions constitutional law and the moments that determine outcomes in court all from an educational perspective see you in the next one