What do you have right there between your legs? An unopened bottle of Eschelon. I'm giving you a lawful order to provide your name. All on video. So, right now you are going to be detained for retail theft. On September 4th, 2024, officers from the Allen Police Department in Illinois were dispatched to a Walmart parking lot after store loss prevention reported a woman captured on surveillance taking merchandise without paying. When officers approached the vehicle, they immediately observed an unopened bottle of liquor positioned between the driver's legs alongside loose produce and other items scattered across the floor of the car. The officers' first questions were simple and biographical. Where did the bottle come from and what did the subject just take from the store? The driver answered that the bottle came from a friend, the first of many shifting stories. Parked in the fire lane. Hello. Hello, ma'am. Uh What do you What do you have right there between your legs? An unopened bottle of Eschelon. Okay. And where did you get that at? Uh I got it from my friend. I have also Sokol. Okay. Um rum and So, so what did you just take out of the store at Walmart? Excuse me? Okay. So, they just called us and their loss prevention witnessed you and has you on video taking stuff out of the store, okay? Taking what out of the store? Merchandise out of the store. All right? So, I'm going to have you Yep. So, go ahead and set those down for me. I'm going to have you step out of the vehicle, okay? >> Okay. So, all the all the produce, all that kind of stuff on the floor over there, where did that come from? Aldi uh Aldi uh Aldi Aldi Schnucks and this iPad for a day. Again, unopened. Okay. All right. So, go ahead and step out of the vehicle for me. You can if you want you can roll the window up and and turn it off, okay? I'll I'll turn I have no All right. Do you want to roll your window up? We're going to We're going to step inside for a minute, so that's why I'm allowing you to roll your window. >> inside? >> Because we're going to go see loss prevention. How much have you had to drink? Me? Yes. I haven't drank anything. Everything was unopened. Okay. All right. We're going to step inside, okay? I'm I'm I'm It it it's not an option right now at this point. We're going to go inside, okay? So, you can either walk in peacefully or we can walk you in there, okay? Um >> Here's the deal. The reason we're here is Walmart loss prevention called us and said that there are some items in here that you did not pay for. That is why we're here. >> I paid I stopped at the Okay, I stopped at That is why That is why That's why we want to walk you in there and see what's going on. Uh no. I'm from New York. I'm not, you know, I have my I don't have my receipt. I have my digital receipt if you guys want to see that instead. You have a digital receipt? I do. Okay. It's from my sister's card. Okay. Is it Is it on your phone? Uh yes, yes, it is. So, hold on. I've been here counting and budgeting and all of this stuff and now you guys just booked me up. I could have left. Like, what's the problem? Well, again, we we've already explained it. The problem is loss prevention is saying that there are some items that you did not pay for. What items? That is why I I That is That's why him. That's why we want to go inside Um no, I would rather wait for my attorney. My sister lives in town. Okay. I I'd rather wait outside. Bring your supervisor, everything. So he is the supervisor. You are the supervisor. >> the supervisor. >> witnessed me take things. I did not I did not say that. Okay. That is what Walmart is That is what we are here investigating. Walmart is the one The Walmart associates are the ones that are What What Walmart associate because I am not We will gladly show you if you just walk in there with me. No, no, I'm not walking in anywhere because I'm I have no I'm a behavioral animal. I don't have a ID. >> Do you have your ID with you? Do I have my ID? I have a New York State ID. My Illinois ID is coming in next week. >> Okay. Can I have your New York State ID so we can >> Absolutely not. >> Okay. Can I get your name? No. I don't feel At this point you have to give us your name, okay? Why so? >> have a choice. Because you're the suspect of an investigation. How am I a suspect? Let me Let me finish. If you refuse to give us your name, you will be charged with obstruction. If I refuse to give you my name, you are arresting me That is correct. for That is correct. for obstructing. Obstructing what? >> You're obstructing >> Your identification. >> Yes. You're not telling us your name. Why would I need to tell you my name? >> Because we're investigating a crime right now and you are the suspect in the crime. What's the crime? >> told you. The crime is retail theft. That is the crime that we are investigating. Can you please tell me your name or give me your ID? I can wait. My sister lives No. You cannot wait. You are You can either This is the last time I'm going to tell you. You can either give us your name or you are going to be You are going to be arrested. Arrested for what? >> For obstructing a cop. I'm giving you a lawful order to provide your name and your birthday and your identification. >> Where do you go park? All right. Okay, and then what's your middle initial? No middle initial. citizen What's your date of birth? I'm going into the car to get Just tell me your your birth year, okay? Okay. 140 140 capital 1 last of common first of My birthday just was on My cousin just gave me some credit so get me some stuff so I can celebrate my early birthday. All right. Oh, Midwest What? Okay, sorry. Yeah. I think so. Or did he Did he leave? Okay. Being Lewis, can I have your name please? J Wolf, what is your full first name please? Uh officer, yep. Officer Wolf, what is your full name please? >> Officer Wolf Being Lewis, okay. O'Fallon police Yes, ma'am. Is this because of the sexual harassment I claimed uh across from the neighbor? I have no idea what you're even talking about. >> All right. There was an officer involved from to get the whole thing. I'm the only I'm going to need to see your ID, okay? I don't have it. You don't have your New York ID with you? I have my New York ID. >> Did you try it out of New York? Huh? I'm talking to somebody else. I just Copy. I have my bad mother sucker wallet. Give me 1 second. Yes, it's expired, but I just um went in for a >> I went in for an Illinois license. >> Okay. Um I know I have like unregistered tags. I have my whole thing. I have not set I have >> 140. Copy one by file out of New York. I don't know what that is. Both of them. I'm sorry. Can I Can I Yes, it's Sir. Um are you I'm going to remember. I'll finish saying. Yes. Well, well, well. Um where I technically assaulted a older guy and he had pictures of my sister and my niece and Okay. All right. Just checking. This This has to be I have the receipts. I have my sister. She can come down here. She lives on So, we don't need your sister, but uh you said you have the receipts. Where And what What are the receipts for? It's a digital receipt for a Bacardi. A Bacardi? A Bacardi. Okay. Perfect. Oh, train, you want this? For the Bacardi? This I got at the gas station. This I got to get it uh This I got at the gas station. Everything is unopened. I got this yogurt. This is for me. I, you know, stomach issues. >> Okay. My My niece, she's a vegan. And a Wonderbra. Okay. So, uh here's the deal. Do you have a receipt from Walmart from the information uh I have a receipt. It was a refunded receipt. My sister has it. That's why I said, "My sister will come and bring the receipt." I I exchanged it and then I walked out. I'm cleaning my car and then you guys pull up. I have no qualms about you doing your job. Like, I get it. I'm fine. Sweet Jesus, when did Walmart start hiring All right. So, at this point, we need to go inside. If If you're clear, then we want to clear this up and make sure >> want to go back inside. I don't want to go back inside simply because if a loss prevention a person, if it's the same guy or woman that was looking at my butt and making inappropriate comments, then no, I don't want to. I'm from New York. I don't need >> All right. So, what What's the description of the person who was looking at you and making inappropriate comments? Both men and women. Well, give me a description. Physical description. Medium, black but I can't say black shoes. He or she was men. >> Okay. And there was Look. All right. So, so at this point, uh we're we're going to need to go in there, okay? >> I'm not I'm I'm I'm going to tell you I'm not going back inside. I haven't done anything wrong. I lived here for 9 months. I have nothing I have a Walmart card. I have Look. Okay. And and I'm trying to be as nice and respectful as I possibly can. >> And I appreciate that. And I appreciate that from And I appreciate that from all Like you Okay. And I appreciate that from all of you. I am not a hot-headed person. Y'all Y'all are just doing your job. Like it it's fine, but I have I have I Nothing's open. Like I don't Oh, I'm drinking Like Okay. So, we'll we'll get to that portion when we get to that portion. Right now, I just kind of want to figure out what's going on here, okay? >> Sure. Um so, to make that a little bit easier, if we could walk in there and and talk to them, uh that >> I Once I walk into that establishment with the stuff, and then it doesn't matter whether my cousin comes in with her uh MasterCard, and then does Yeah, yeah, yeah, yeah, yeah. I'm Why would your cousin have to come back with her MasterCard and do that? >> Cousin? Sister. My cousin >> cousin, but I did say cousin. I have a million cousins. I have one sister that I live here No salary. >> Okay. All right. So, why would she need to come back with her MasterCard? What What's going on with that? Because I was using it on my phone. Okay. Sometimes, but I'm from New York. Like sometimes it Are you on your I'll wait until y'all people come out with the footage. Y'all can confirm the footage, and then I can go out here. Other than that, I'm I'm I'm not going anywhere. I didn't do anything wrong. Okay. Do you go by any other names? What? Well, I'm just asking. Do you go by any other names? Okay. A- Any other legal names that would be associated with your driver's license or anything like that? Hollis. Okay. You got it. Okay. Okay. All right. Well, we're going to hang tight right here then, okay? Uh my supervisor's inside getting video footage and seeing what's going on in there, okay? Here's the deal. Watch this. Watch the video. Okay? It has you in the store picking out the alcohol, right? And then leaving the store without paying for a thing. All on video. That's where we're at. So, right now you are going to be detained for retail theft. Okay? Okay. So, go ahead and turn around for me, okay? That's where we're at. Go ahead. Go ahead and turn around for me. Can I Can I We'll We'll talk through everything here in just a second, but go ahead. I I need to put you in handcuffs, okay? Okay. All right. So, put your hands behind your back for me, okay? All right. So, what you think? What? That's all right. If you sit back, I'm I'm going to reach >> Go ahead. Go ahead. Go ahead. I'm going to get the No. You Gucci just, you know, This is all stuff I seen my phone real quick. Jesus Christ. I've been in and out of that [ __ ] since I was 7 years old. Watch your All right. I'm going to turn up the air real quick, okay? Just so you get some air back there and you don't get too hot, okay? >> That looks good. Officers then asked the subject to step out of the vehicle. Under Pennsylvania versus Mimms, an officer who has lawfully detained a vehicle may, as a matter of course, order the driver and passengers out for officer safety. The subject then refused to walk into the store with the officers to face loss prevention. She insisted she would wait outside even as officers explained that the entire purpose of the encounter was to investigate the theft complaint. At this point, an important legal distinction emerges. The subject was not free to leave under Terry versus Ohio because the loss prevention report supplied articulable reasonable suspicion, but she was not yet under arrest, either. The Supreme Court in Terry versus Ohio held that an officer may briefly detain a person for investigation when reasonable suspicion exists. A specific eyewitness loss prevention report naming a specific suspect easily satisfies that legal standard. When the officer asked for identification, the subject refused outright. The officer then warned her clearly, "Refusal to provide her name during a lawful Terry stop in Illinois could result in an arrest for obstructing a peace officer." That warning rests on solid legal ground. In Hiibel versus Sixth Judicial District of Nevada, the Supreme Court held that a state may, by statute, require a suspect lawfully detained under Terry to disclose his or her name to police. Illinois codifies that authority at 725 ILCS 5 {slash} 107-14, which allows an officer who has reasonably stopped a person to demand that person's name, address, and an explanation of his or her actions on the scene. After the warning, the subject finally provided her name and birth year. She then produced an expired New York State identification card, explained her Illinois license was pending, and mentioned unrelated prior incidents from New York. The subject then offered conflicting explanations for each item. One bottle from a gas station, another from a friend, produce from Aldi, a digital receipt on a sister's card, and a cousin coming with a MasterCard who never arrived. Under 720 ILCS 5 {slash} 16 {dash} 25, retail theft occurs when a person knowingly takes possession of merchandise from a retail establishment intending to deprive the merchant without paying full retail value. Under $300 is a Class A misdemeanor. Officers do not need to personally witness the theft. Under the collective knowledge doctrine from United States versus Hensley, officers may rely on credible information from other officers and from reliable citizen witnesses like loss prevention. The supervising officer entered the store to independently review the surveillance footage with loss prevention before any arrest was made. This verification step is exactly the kind of procedural safeguard that protects against false report arrests. The supervisor returned and confirmed what the video showed. The subject inside the store selecting alcohol and walking out without paying. At that moment, the Terry detention legally matured into a custodial arrest supported by probable cause. The handcuffing was uneventful. The subject did not resist, did not threaten the officers, and the officer notably turned up the patrol vehicle's air conditioning for her comfort. She was transported and ultimately charged with retail theft. The first lesson from this encounter is the value of silence. Anything you say to police about disputed merchandise can and will be used in court. A single clear invocation of the Fifth Amendment is more protective than 10 shifting explanations. The second lesson is that Illinois law does require you to identify yourself during a lawful Terry stop. Refusing to provide your name does not protect you. It only adds an obstruction charge on top of whatever the original investigation was. The final lesson is surveillance reality. Walmart cameras, license plate readers, and loss prevention reports create independent evidence officers verify without your help. Improvising explanations on scene rarely improves your legal position.