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- 2026-10-23 00:46
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I'm still going to need this. So, I'm going to hang on to this for a second. Actually, can you put your hands behind your back? >> I will. Any 390 85. >> Sir, this is going to go in your bag. You're not allowed on this property. >> Well, I will be when I fly out. >> Which one was it? Put your hands behind >> On October 21st, 2025, a shoplifting incident at Orlando International Airport raised Fourth and Fifth Amendment constitutional questions. >> Hello. Hello. >> Hey, how you doing, sir? Um TSA said that they saw you taking a jacket off a hanger or something like that. Did you grab a hanger uh jacket from one of the stores or something? >> Yes, sir. >> No? Do you have ID with you? Are you Are you flying out today? >> No, I have my driver's license. >> Oh, the bus Okay, okay. Can you let me see your ID, please? That's all we That's the reason why we're out here. with you. >> I understand. I am a veteran Navy CB. I got it in Miami. >> Correct. >> I'm sorry, I couldn't hear what you said. >> I'm Navy CB I got it in Miami. >> You're a CB in Miami? >> Yeah, I'm a CB Navy CB. >> A CB, right? >> Right, yeah. Yeah, yeah, they gave me my ID in Miami. >> Okay. What rate are you? >> I was E4. >> No, but what rate? >> Sorry. >> What rate? Not Not what >> Navy CB builder. >> A builder. Okay, I'll be you. Okay, I got you. I was a CM. >> Really? >> Yeah. >> In the CBs? >> Yeah, but in San Diego. >> Well, you you went to Gulfport, Miami, or you went to >> I went to CBC-1. >> You went to Gulfport, Mississippi. It's only two A schools. >> Gulfport, yeah. >> Yeah, me too. you? >> Okay. Now, since we're here for the jacket, do you have a jacket in there? >> Yes, I have it. >> Can I see it? >> Absolutely. >> I appreciate that. >> Yeah, I am not lying to you guys. I'm not doing anything so I am not lying. >> Is this cuz they said they think that you took it or something? >> I did. >> You Oh, you did take it? >> Yes, sir. I'm not going to lie to you. >> Okay. Okay. What store was it from? >> I can't find what store it was from, but I know what I know what I did. The jacket's clean now. Clean. I did it. >> Okay. I mean, it is what it is. >> Do you have the tag or anything on the tag? >> Um sir, I don't I didn't take anything off of it. It is like Brookstone >> Okay. >> Yeah, I I didn't I didn't do that. I was stupid. That's what I did. I did it. The thing's clean. I'm clean. >> Okay. You're not on probation or anything like that. So, Brookstone, okay. When you guys get with Brookstone give this to them. And Was that it? Nothing else, boss? >> I'm sorry. >> Nothing else? >> Got you. No, sir. >> Got the only item? >> Yes, sir. >> You've been honest with me. I'm going to be honest with you. We have to see what the store wants to do, right? Cuz it's their stuff. >> Yeah, man. Let them do what they got to do. >> But at the minimum that's going to happen is they're going to get trespassed from the airport. >> Oh, yeah. I have to fly out. But anyway, you do what you Look, I'm going to make them say. >> It's all right. People make mistakes. I don't think you're a bad person, but you definitely made a mistake. We're just checking We're just checking with the store. That's all. >> Hey, guys. You have the National Guard. >> [laughter] >> He's not wanted, but we got to document it. He has OPD, a transient, all kind of 2019. >> Thank you, doctor. >> But uh you want to What up? >> My savior. >> So, we have him in custody? >> All right. >> Is yours? Is that what you're saying? >> It was right in that corner. So, he did it earlier today. >> Okay. >> And then he took the first one and then we got it back cuz he was sitting right in front of me. He took one already and then we got it back. And so it's in the back and then he came by again in like 10 minutes ago and took that one. >> How you did get him? >> Yes, we have him outside right now. >> Okay. >> Do you all want to press charges? >> You know what? Yeah. >> Yes? >> Yeah, yeah, yeah, yeah, yeah. >> So, you just said you came on the bus and you're just walking around for a little while? >> No, no, I am I am I've been with Ari Rogers in Altamonte. I built the rooms together up in uh in 436 in Altamonte. >> Okay. >> 5 years ago. This week I got to and I tried to change a few things and uh >> He was going to do it himself? >> Yeah, that last one um I've been with Ari Rogers uh general contractor. >> Yeah, the building. Plus. So, apparently he 10 minutes before that he took one. They caught him. It's the same one. They they caught him they got that one. So, the second one yes, they're pressing charges. >> Did they get a statement? >> Yes, I'm going to go get it. I told him I'll be back with him. But, we need that that word if he's going to or not. He said he is. So, I'm going to get the statement for him and press the charges right now. >> Okay. >> So, the >> They're they're saying is that you took one earlier, they got that one from you and then this is the second time? Same jacket? >> I'm sorry. >> So, you got caught once and you did it again? >> Because I'm an [ __ ] and I wanted to make sure >> Come on, man. Come on. That's too much. >> That's my idea or you arrest me or what what do >> Well, we're that's what we're trying to figure out what they what they want to do. We're just waiting on them. It's just This is the story they just gave me so I don't >> Yeah. >> I uh Come on, man. >> There he is. >> I'm just saying, that's the story they gave. I'm like, that's a little much, my man. They let you go once, and then you're going to go back and take it again? That's That's too much. I got you. I got you. >> That's right. It's not that I do No, man. It's not that I do this. It's not kind of man I am. It's the fact that the kind of man that I am, I'm not You know, like I built a or build a cabin, like I this business I'm supposed to take over. >> Well, what made you go back a second time? >> Because he come. Yeah, I know. It's I don't Can I be honest? >> I don't know. That's what I would hope. >> You don't quit. I don't get it. >> So, you're like a little kleptomaniac or something? Like you like to steal stuff? >> I don't do that. I'm not a thief. >> so why would you go back and pick up the ticket again after you got your first one? >> Because because I I can't let somebody or doing something or or or being better than me. >> So, you felt like So, you felt like you needed to do it a second time? >> No, sir. I felt like that it was just for the thrill. >> For the thrill? >> I felt like that I was wrong. I know what I did. I know that I'm wrong. I understand that I'm a thief. I I I I I understand that I serve Jesus Christ. And but the fact of it is I was being stupid. >> Hey, did you have a few drinks today? >> I'm sorry. >> Did you have a few drinks today? >> Yes, sir. >> How many? >> Uh just a couple. >> Where were you flying to? >> I wasn't flying. I got charged on a tablet and I had things to leave in my head and I'm supposed to take over a cabinet business. My dad was successful. He's been in business for 41 years. >> Oh, yeah? >> And I want to make him proud. I want to make him proud. >> and I failed at that. So I had to deal with myself. >> Definitely >> My my children are younger than my grandchildren. >> children you got? >> My children are younger than my grandchildren. >> How many children you got? >> Four. I'm very successful. And I don't agree with myself. >> You ever been arrested? >> Oh sure, man. You've been arrested. >> For what? >> For for the same thing you have. And why you you see you're in construction, you you in your life you let me you will not let your gold ring brother. I built the Rooms To Go in Altamonte on 436. Yes, sir. >> You've been in the construction business for how many years? >> It is since 2016. I've been a ABCB, I'm a builder. >> Okay. >> And but but I own businesses in Vegas, a marketing business. I've done many many many things. But when you wear a ring like that Make sure >> Okay, so they do want to press charges. Just here, put your glasses in the back. >> Can I make a phone call? >> Yeah, well let us do our thing and I'll let you make the phone call, okay? I'm still going to need this. So I'm going to hang on to this for a second. Actually you need to put your hands behind your back. >> 390 >> Sir, this is going to go in your bag. You're not allowed on this property. >> Well, we'll be when I fly out. >> Oh. I didn't search him. We're taking him back to Land Side? >> Uh no. Search him back here, step out. >> Hey Gary, step out for a second. This is my problem. >> All right, come on step out. >> And um >> I was I was He's to take his own food 10-15 and I'll go pick up the other one. >> Female and I'll transfer her. >> Yeah, >> have high blood pressure and I got a diabetes problem. >> Okay. >> We We go home. >> He's just going to check your pockets. Okay, you don't have anything he's going to cut them or poke them. >> All right. I need >> Let me give you the the computer. >> Hi, it's Officer Santiago. Tell me what happened. >> Um so, we were heading from the East Wing. So, as we were passing the uh food court area, he came by us at a fast rate. Like a tire rate of speed. With a puffer jacket, appeared to be a dark gray color in his hand. Uh I noticed that it still had the hanger inside of it. I'm like, "I'm pretty sure" I looked at her and I'm like, "I'm pretty sure he just stole that." I'm behavioral detection trained uh through TSA. Um so, as we were walking, I started doing that. Uh I noticed that he was scanning around the area for possible threats is what the the area we were in was. Um as we got in front of about the Dunkin' store, he removed the hanger pretty easy and onto the bench. And he looked around again. She went to go and notify the officer that was standing by the information desk. While I continued to kind of hang back and follow him in the distance. And I saw him go inside the men's restroom nearby Cartier. Uh with the jacket in his hand. Whenever he exited, the jacket wasn't in his hand, but the black bag that he had with him was much larger in size. Cuz those are not the smallest jackets by any means. Um and we let the officers know that that was the item. And I said, "It's probably in the bag." Cuz the bag was not that big whenever we saw it originally. >> Okay. Did you write your written statement? >> Yes, sir. They have both of our statements. >> Okay. And uh what did you see? Same thing? >> Uh same thing. We were walking side-by-side. So, yeah. >> 15 I'll be doing the transport. I'll give you a knowledge and a >> I'm sorry. >> It's all right. >> What did he say? >> Call me a paramedic. >> Call me Call me a paramedic? Okay. What's your chief complaint? >> My heart rate is probably at 130. I don't know what my blood pressure is right now. >> Okay. How about breathing? >> That is very >> Labored or Careful, they got All right, we'll get him over here, okay? Is he putting pressure on you? >> Yes. >> Okay, let me get this crap out of here. >> There is crap out of my eye. >> Can you >> Let me see if I can get a napkin or something. Hold on. >> In my hat. >> Just just hang out right there, remember? >> Yes, I'll be right here. >> Right there. >> What's going on? >> Careful. >> He's uh I don't know if that is having trouble breathing or his heart rate is accelerated. He has diabetes. Um he's got a lot of problems. >> Blood pressure is pretty high. >> So >> His heart rate is elevated. >> 120 over 80 is normal. His blood pressure is 191 over 108. >> So 120 over 80 is normal. He's 191 over 108. >> So he's saying that's normal for him, but that's not abnormal. >> His blood pressure is >> No, no, no, he's got a bag. >> So >> I I just want you to know I did personally notify him. >> I told him that >> I don't know what he's going to want to do. >> Yeah, I can't force him to go either. >> The only thing I need to know is just if he goes, I just got to make a quick phone call with our boss man >> Why why was he in the back? >> I don't know. >> I don't >> Okay, okay, okay. >> Nothing to grab. >> Okay, super cooperative, super friendly and all that. >> All right, all right. >> Yeah, he's got it with him. >> I'm going to ride with you guys. >> They're going to put the bag with him. >> Yeah. >> Change of plans. >> So I'll ride with him and then he's going to follow me. >> I'll ride with >> He's got to run this the whole >> A suspect's voluntary confession in a post-arrest Miranda gap create a legally complex evidentiary record. The contact was grounded in Terry v. Ohio, 392 U.S. 1, 1968, requiring only reasonable articulable suspicion to justify detention. TSA behavioral detection officers identified concealment indicators and levitated pace, environmental scanning, and hanger removal from merchandise. Entering a restroom with visible merchandise and exiting with an enlarged vagus are recognized spot program concealment sequence. Under United States v. Drayton, 536 U.S. 194, 2002, questioning a person in public area is not a Fourth Amendment seizure. The subject voluntarily produced the jacket when asked. No compulsion occurred, no Fourth Amendment violation at this stage. The central legal issue, a pre-custody voluntary confession followed by post-custody interrogation without Miranda advisement. Under Berkemer v. McCarty, 68 U.S. 420, 1984, Miranda is not required during brief non-custodial public questioning. The subject's initial admission, spontaneous, unsolicited, and pre-custodial, is almost certainly admissible at trial. Under Colorado v. Connelly, 479 U.S. 57, 1986, voluntary confessions absent police coercion are admissible regardless of personal stress. Custody for Miranda purposes begins when a reasonable person would not feel free to leave, here, at the moment of handcuffing. Under Rhode Island v. Innis, 446 U.S. 291, 1980, Miranda protections at a chance custody begins when an interrogation is initiated. Officers continued questioning the subject about motivation and prior conduct after handcuffing with no Miranda warning given. Those post-custody statements face a viable suppression motion. Defense counsel will raise this at arraignment. Florida statute 812.015 defines retail theft as taking merchandise with intent to deprive the merchant of its value. Two separate acts of concealment occurred within the same session, confirmed by both the store manager and the subject himself. Florida 812.014 classifies theft value $100 as second-degree misdemeanor. $100 to $750 is first-degree misdemeanor. At $750 or above, the charge becomes grand theft third-degree, a felony carrying up to 5 years under Florida law. Brooks Brothers jackets retail between approximately $400 and $1,200. The jacket's price is the felony threshold question. Officers did not document the retail price on camera. This is a critical evidentiary gap the prosecution must close. Florida statute was then 812.088, trespass in structure, applies upon return after a formal trespass notice has been issued. The airport trespass notice operates independently of the theft charge enforceable under greater Orlando Aviation Authority rules. The subject disclosed hypertension and diabetes triggered a constitutional obligation under Estelle V. Gamble 429 US 97976. Deliberate indifference to a detainee's serious medical need violates the 8th Amendment. Officers responded appropriately. A blood pressure of 190 108 exceeds the hypertensive crisis threshold of 18120 the documented and evaluated on scene. Failure to provide medical care at this level would expose the agency to civil liability under 42 USC 983. The lead officer receives an A minus. De-escalation, proportionate force, and medical response all met constitutional standards. Handcuffing for a non-violent theft arrest falls within Graham V. Connor 490 US 386. No excessive force issue exists. The sole procedural failure, continued interrogation post handcuff without Miranda advisement. Significant but isolated. The subject receives a C plus. Voluntary cooperation is admirable as conduct but legally self-destructive as strategy. Every pre-custodial admission is a gift to the prosecution. The 5th Amendment right to silence exists for this exact scenario. Returning for the same item after being caught and explaining the motivation to police eliminates most available defense options. TSA behavioral detection officers receive an A. Their spot trained observation established legally sound articulable suspicion. Deferring to law enforcement instead of direct confrontation is textbook protocol. Dual corroborating statements strengthen the case. Lesson one, never make voluntary statements without counsel. Silence is a constitutional right under the 5th Amendment. Lesson two, Miranda timing is critical for the defense. Post custody statements without advisement may be suppressed. Lesson three, officers must document retail value at the scene. In Florida, $750 is the felony threshold. Capture it on record. Lesson four, detainee medical disclosure is a protected act. Officers must respond to risk section 1983 civil liability. Lesson five, behavioral detection training converts passive observation into actionable, admissible reasonable suspicion. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching.
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