I want to check. >> Yeah. >> Jojo Is there any way you could arrest me? Is there any way for me to make a call to organize the money that I owe? >> So, to the On May 22nd, 2024, deputies responded to a Walgreens in Florida after asset protection discovered an employee theft scheme totaling $2,100. This case presents critical issues in employee fraud prosecution, constitutional protections during arrest, and the intersection of corporate policy with criminal law. >> Hello. Hello. >> Hello. >> Hi, how are you? >> Fine. How are you? >> Good. I'm Deputy Don Flado. Um >> My name is Deborah Flado. I'm an asset protection manager with Walgreens. >> Okay. >> This is What's your full name? >> Uh Silva. >> What's your last >> Okay. >> So, why don't you tell the officer what has been going on? >> Okay. Something like that. >> Mhm. >> You You're employed here? >> Yes, sir. >> How long you been working here? >> A few months now. >> Few months this year or last year? >> This year, sir. >> Okay. And what's what's your title here? >> Uh customer service. >> Customer service? Okay. You're not a manager or anything? >> No, sir. >> Okay. All right. So, what are we getting um What are we bringing you in the office for? >> Uh Are you asking me that, sir? >> Yeah, tell him what you did. I don't have to say it. >> So, um I >> Go ahead and explain. >> Um bringing up some some gift cards to pay for my school and things like that. However, >> Okay. Okay. So, we're looking at a theft from the How many dozens? >> And they said that there's a possibility that the person the company will let me pay back. Which I'm willing to do. And they said that there's a possibility of that. Um if you're okay with that. >> All right. Now, is $2,100 grand theft? >> I wouldn't be prosecuted if I were to be able to pay back today. On the spot. >> So, >> And then I'll be terminated. >> I I couldn't negotiate anything like that. Um that's not really my job, per se, as far as if you do this or that, charges may or may not be pressed. >> At At this point, he doesn't have $2,100 on him. The company does want to see the prosecution. >> But I'm able to >> Okay, but that's not his Now now it's We're past that point right now. So, those are all the transactions that he rang up, and he did two today for a total of $400. When you put it on a cash app? >> Yes, ma'am. >> Is it still Do you still have that $400 on the cash app? Okay. >> Okay. >> The two that he did today >> There were two today. >> For $400. >> And the receipts are for going back. >> there, and we also He also has the video in there. Every single one is on video as well. >> Okay. They're all right there. >> An axon line? >> Yeah. Are you guys able to do the axon line? >> They can't, but I can. But it's Do you know how long I just got an axon link from somebody. >> Like 22 >> Okay. >> Do you know how long it's been? >> We can take that, but like I said, it won't get up because the problem is I didn't get to share with the state. State doesn't have access to the There's nothing that you can do with the video. >> Now, at this point, >> prosecution. >> For what? >> You're saying that there's nothing that you can to >> There's nothing we can do about that at all. >> Are Are you a juvenile? How old are you? >> I'm 18, sir. >> 18, okay. So, you wouldn't qualify for a juvenile first offender program. >> So, there's >> That's probably what you're talking about. Yeah, you're you're looking at a grand theft uh for the amount of about 2,100. >> Even if I could pay back the money, still >> Yeah. >> Like I said, that's not that's not our fault. >> Yeah, that's not our fault. >> We we don't play that's that's Walgreens. We don't We don't negotiate with that stuff. So, they're obviously they've obviously contacted us for a reason. >> Is there a way for Walgreens to take it take back? >> I mean, listen, like like I said, that's not up to me. That's up to Walgreens being a victim. >> They looked it up and you didn't have that much on your paycheck. So, they said yes, prosecute and terminate. >> But you're saying that they said that because I didn't have the money on me. >> On on your paycheck. So, that's why. So, we can't do any more negotiating, okay? >> No, but I'm saying even if I was able to like get the money like if I were to ask my mother or my father, even if it's not on my paycheck necessarily, if I was to get the money and pay the money back like legally, is there a way that you could speak to them and see if they would be able to change their mind on the prosecution, not necessarily the termination just the prosecution part. Even if I was able to pay the money like right now and not like drag it out. That's okay. I understand that. I wouldn't want to be in this situation. >> are you saying that you'd possibly be able to make a phone call to settle this right now? >> sir. That's what I'm trying to say. >> Like I said that >> That's not >> That's something that we do. >> up to me. >> Um you know, I'm I'm going to talk to the officers and the store manager outside. I mean, they've already took the report. >> call and not leave the store. >> And um we have They have places to be. I have places to be. >> I understand. >> So, you see >> I have to stay in here with him. >> Cuz you have I'm going to hang out here. >> Is it okay if I make a phone call now? >> Hold on. >> Sorry, man. >> Thank you. >> You're not a problem. >> Even if you didn't know. >> Even if That's what I'm saying. Even if you did. I I can't tell him or tell you guys, "Hey, if you pay this money, we won't pursue charges." This is This is a Walgreens and it's up to what if Walgreens wants to be a victim or if Walgreens just wants to terminate and trespass an employee. >> We want to you know pay He lives He lives too close to here. I would rather prosecute. He's a liar. Like, no. Just prosecute. >> And you know what? When I first started talking to him, he knew what asset protection What is he talking about? He's talking about he's going to be >> Maybe. >> Cuz no, I he he knew what asset protection was. He knew what a drink was. He almost described my job at the beginning. So >> Okay. >> Just tell him he keeps repeating the same thing over and over just to keep Tell him the thing The thing is is that he's and I get it, but that's He's afraid that it's going to mess up his career going to school, but he should have thought about that long before he did this. >> Right. And then like I said, that's not my call. >> Kids learn the time during kindergarten you don't steal. You know what I mean? And the time that they get caught, you know, you don't steal. >> Right. >> But what I didn't know that >> So, listen, regardless you didn't know, get the money, can't get the money, I just need to know >> Prosecute. >> on whether we're prosecuting criminally or or if we're docking and trespassing from the store completely. That's something that you guys should probably have a discussion right now and then let me know. Okay? >> We're going to possibly >> Okay. >> have him arrested. >> Okay. >> I already told him I didn't know if you >> What's that? >> I already told him I didn't know if you heard me. >> No, I didn't. Okay. So So here's the situation. Um I talked to Walgreens obviously representatives. They want to pursue criminal charges. Okay. I know you agreed to pay them back or you know, whatever. I guess it's it's beyond the point to where they're willing to agree to that. So we're going to have to go this route. Um so any payback would be through a restitution through the courts. Um Have you ever been arrested before? >> Yes, sir. >> Okay. For what? >> Uh it was a traffic >> A what? >> Driving for driving. It was >> Driving? >> It was street racing, but I wasn't so it got like dismissed. >> Okay. All right. Here Here's what I'm going to do, okay? Right now you're not free to leave. We're in a criminal investigation. Um I'm going to see if you like provide a statement, okay, as far as um you know, what what occurred here. >> So I'm going to be arrested right now? >> Um I'm not done. I have to look at one more thing, but there's a very good chance. >> Also, there's still a possibility? >> Let Let me read this to you, okay? >> Okay. >> I'm required to warn you before you make any statement that you have the following constitutional rights. Okay. You have the right to remain silent and not answer any questions. Any statement you make must be freely and voluntarily given. You have the right to the presence and representation of a lawyer of your choice before you make any statement and during any questioning. If you cannot afford a lawyer, you're entitled to the presence and representation of a court-appointed lawyer before you make any statement and during any questioning. If at any time during the interview, you do not wish to answer any questions, you're privileged to remain silent. I can make no threats or promises to induce you to make a statement, it must be done on your own free will. Any statement can be and will be used against you in a court of law. Um do you understand those rights as I have read them to you, sir? Okay. With those in mind, are you choosing to speak with me about the incident? >> Is that a good idea, though? >> I I can't make a recommendation. I just Basically, are you willing to to speak with me today about what's been going on since you've been here? So, talking to them, um they said that you've basically been engaged in an on course ongoing course of action, um loading gift cards fraudulently. Um your drawer's been coming up short. Um and you've been pocketing the money. So, the gift cards. >> Okay. >> Um they said that there were some transactions today that were done, I guess, on your phone. >> Yes, sir. >> I I don't know how how that works. You'll have to explain it to me. Um but so right now, the allegations right now are are grand theft. Okay, from Walmart. Um how long have you been employed here? >> 2 months. >> 2 months just this year? >> Yes, sir. >> Okay. Um do you work the registers? >> Yes, sir. >> Okay. Now, from what I described to you that you've been accused of, which I I saw your statement as well. Um how does it work with with loading the gift cards? >> Um you just type it in and then just >> So, so describe to me what you were doing with the gift cards. >> of it? >> Yeah. >> Um just just scan it and then just type in the >> Is it like a sale? You scan it like a sale? >> Yeah. >> Okay. And then and then you load it you load the gift card through the register. >> You just type type the amount and then you just like proceed with the transaction. >> Okay. And then you complete the transaction. >> Right. >> And then you just pocket it. >> like touching of like any like money or anything. >> No, not physical money cuz it's it's loaded up on the gift card. And then you would keep the gift card. >> Right. >> Okay, without paying the money into the register. >> Right. >> Okay. You know that's wrong, right? >> Yes, sir. >> You know that that's theft from from a business who's already paying you a paycheck who's trusting you to to work for the store on their behalf, right? So, that's what we're dealing with. Um they're telling me that this has been an ongoing course of action since the beginning of April. Do you know about how many times you've loaded gift cards? >> I don't have to talk about it. >> Just because it's so many? >> Not necessarily. It's just like I just don't really like I wasn't really thinking about it too much. >> Okay. Let me ask Let me ask you this real quick. Uh This is a statement you did with >> Misser with a Miss Deborah. >> with Miss Deborah as far as regarding the actions that happened here. Okay. You wrote this? >> Yes, sir. >> Okay. Do you swear that what you wrote in here was true? >> Yes, sir. >> Okay. >> Did she even make the call? >> Call to who? >> Call to who? She said she was going to speak to >> I I don't know cuz I wasn't with her the whole time, right? But they they've determined that they are going to pursue charges. >> And there's still no way that I could potentially try to >> No, not right now. >> Even if I ask again today? >> Yeah. Yeah, they've I trust me, I asked them I I told them I need a a clear answer basically before I proceed and you know, any further and unfortunately this is the decision >> Can I just pay the money back? >> One more time? >> For what? From here. Did she leave? >> No, they're still here. But I I understand what you're saying. >> Right. >> But we are beyond that. They are beyond that. Okay? Asking again isn't going to do anything cuz we've already had that conversation and their decision has already been made. Okay? That's why like had this hypothetically had this just been a one-time deal and then you came back, "Oh my god, I'm so sorry. This is what I did. Here's the money back, you know, no harm, no foul." Maybe this could have been a different scenario. And you may just been terminated. But like I said, there are numerous transactions totaling up to $2,100. >> Right. >> So it basically just shows he's still doing it. He's still doing it. He's still doing it. So why is he still doing it? You know what I mean? So >> Okay, so is there a way for me to make a call to organize the money that I owe? >> So so here's the thing. We're not going to make phone calls to make payment. Okay? >> sorry. Can you repeat that? I'm sorry. >> We're not going to make phone calls to make a payment to Walgreens for the amount, okay? Any this will be restitution >> What's that? >> uh basically decided by the courts whether you have to reimburse the money or not. And that's when that would be paid back. Okay? In the meantime I wouldn't contact them. I wouldn't >> Most likely you're going to be trespassed as well. >> Yeah, most likely. Yeah. >> So >> So most likely you're going to be trespassed. Normally how this goes is is they owe you a paycheck. It'll be sent to you in the mail. >> Well, I don't even know if that is cuz the way she made it sound like they're going to take the paycheck, so >> I don't >> It's part of their financial restitution, so they're going to take a check. >> Okay. Oh, that's what she's saying. There's not enough money in the paycheck. >> Yeah. >> Got you. >> I'm thinking they're going to take the paycheck for restitution. Some of the restitution I don't think they're going to do. So >> know for sure, but go ahead. >> Two checks. >> Yeah. >> With Jojo. Okay. >> Yeah. Do you have anything in your pockets? >> Like illegal? >> No, like anything. >> Yeah, my phone's here. >> Okay. Stand up. Do me a favor. Just put your stuff >> any way you could arrest me? >> No, but I can we can try to conceal you. Okay. We can try to keep you away from customers. I'm parked on the side of the building. I'm not parked at the front. Okay. We're not going to make a >> We're not going to make a big deal out of >> about this. >> So you guys got my mom >> Well, we can make some phone calls after this. >> Yeah. >> Okay. >> I don't know the numbers off the top of my head though. >> That's fine. We'll get it We'll get it from your We'll get it from your phone. Okay, but we I still got to write the report. Okay. We're going to go back to the office and then we'll we'll wheel and deal on the phone if you need to notify your mother. >> Okay. Is this like a jail Like a like a sentence type of thing like a jail sentence? Jail sentence? >> No, this is just for the initial charge. Okay. >> You know what I'm saying? Like when when you arrested me like I'm going >> You go to You're going to jail. Jail. You're being charged with a crime. Okay. It's a non-violent crime. It's not domestic. >> If if you >> Talk to your mom later, she can bail you out. You can be out today or you could be out tomorrow. >> be out today? Yes. >> Yes. >> But for good? >> Well, till your you'll have to go to your court date. >> Yes. So she could bail me out and then I would >> But you'll be obligated to go to your court date. >> Processing where I'll be straight with you. Processing will take two or three hours. >> Yeah, I know. When I got arrested the first time they put me in a holding cell. >> You're probably going to do the same thing. >> Yeah, and then like I was there for like a long like a lot of hours. Bail me out. >> Yeah. >> Well, I said we got a lawyer. >> You got you got to realize something. We don't we don't pro Once we get to the jail, that's beyond our control. We don't we that's that's not our side of the business. So how long however long they keep you keep you in that intake and things like that, that's on them. We can't tell you how long you're going to sit down for. There's no guarantees on that. >> But is there a guarantee that I can get out of jail today? Or you can't guarantee that either. >> Well, they With with a non-violent crime, they they should there should be able to provide a bond. >> What's what's the bond on a felony? >> 3,000. >> I thought it was 3,000. >> It was 3, I thought it was too. >> So listen, it's two or 3,000 for the bond. You get it if they get a bondsman, you only have to pay 10%. That's two or $300 with a promissory that you're going to go to court and you're not going to run. >> Yeah, some type of collateral. >> Yeah. >> Okay. >> She may have to sign her car something. I don't know. Or pay the money up front and then they'll reimburse her. That's all between the bondsman and it's whoever posts your bond. So >> Anybody can pay my bond? >> Anybody can pay >> But do they have to be here to pay the bond? >> No, no. They they got to pay the jail. >> They got to pay the jail. >> No, I'm saying not not here, but I'm saying like they have to go to the jail to pay it. >> Yes. >> Yes. >> In order for your release to be >> So there's no way they could like >> Can they do it over the phone? >> I don't >> I don't know if they do it over the phone. >> No, cuz I it's cash. They got to pay cash. >> Oh, they have to pay cash. >> The bondsman may go there and pay it. I >> bond the bondsman might be able to wire, but but your family has to pay cash. >> And it has to be my family that does >> Well, anybody that's bailing you out. >> Yeah. Whoever that It could be a friend or my >> Or even call a friend to bail me out. Is there a way I could do this without my parents? >> Yeah. >> Yeah, without your parents. You're You're 18. >> That's what I'm saying. Like, is there a way I could do this without my parents? Potentially without them even knowing. >> Well, that's what he's saying. Yeah, you're an adult. >> For real? >> Yeah. >> Yeah. So, you can call your friends. And the worst case worst case >> Write their numbers down? >> You can. Not Not here. >> Yes. >> Yes. But yes, you can contact friends. And friends can come. It It doesn't matter who comes and pays cash. >> is The only thing is I don't have any friends out here. They're all in like different states, like New York and Georgia. >> Okay, well then >> So, that's what That's why I asked you. >> Well, then maybe one of them will have to call a bondsman on your behalf. >> Right. >> They can explain the charge and where you're at. >> That's the thing. >> And then they can pay the bondsman and then the bondsman >> Yes. >> can >> Yeah. >> The bondsman will come pay take take care of pay the cash. They can get a hold of a bondsman. >> Okay. >> Otherwise, you Will they do OR maybe? They may release you in the morning or they may release you on your own recognizance, which basically >> happened when I got arrested the first time? I think it was OR. But my parents Yeah, it was OR. >> You weren't 18, were you? >> No, I was. >> Okay. >> It was It was OR. It was on like 4:00 in the morning. >> Could be. >> I'm sorry. >> It could I mean, it could be 4:00 or 5:00 >> So, we don't we don't we don't deal with that process. They have their different time slots. They have all that stuff over there. We don't know when they release. We don't know all that stuff. >> I don't know if they change when when the paperwork goes through, when the payment goes through, when notifications are made. That's That's all >> Every morning 8:00 a.m.'s court out west. So, I I can tell you that for a fact. That's about the only thing I know in that business is it's corporate every every every morning except for Sundays. >> Okay. >> They're on call for Sundays. >> So, listen, I I don't even >> Very respectful. We're trying to answer your questions. >> I'm sorry, guys. >> We're we're not Listen, we're not holding this against you. This is just something you and Walgreens are going to have to deal with, you >> Okay. >> But for the time being, I need you to take your jewelry off >> and here. >> Can I just stop? >> You You're going to keep your stuff. You just can't wear it. >> You can't wear it in >> I have to put it into a separate property bag. >> Okay. >> I don't know I don't know if they want that lanyard that you have. So, I'd just leave that. I >> Can I just leave it here? >> The lanyard, yeah. We'll We'll leave it here. It's probably property of Walgreens. >> Right. >> Put that on the desk behind you. >> Okay. There's no way you could arrest me outside. >> No. >> No. We'll Trust me. We'll just walk out with you. >> to do this. That's That's the deal. >> I I >> I can get up? >> Yeah. Yeah. Get up. Yeah. Yeah. >> You have to empty out your pockets. Do you want to just put it here? >> Yeah. Put this No. Right there. Right on that piece of paper. Take your earrings out. >> I'll take my earrings off. >> Huh? >> If you don't take it off, they have to jail you to take it off. >> Yeah. Yes. >> I know. It's not going to close up in one day. >> I might. >> Well, then you have to get it re-pierced. >> Is there a bag here? A mirror or anything? >> It's not a mirror. Like something I could put it like this. >> It's like a little >> plastic >> We're going to put it in a bag. Okay. Nothing else in your pockets? >> Oh, no. I'm just I'm sorry. >> Somebody text you? >> Yeah. >> Who's that? Okay. Turn around. Put your hands behind your back. >> The employee was ultimately >> arrested and charged with felony grand theft and scheme to defraud. He received 12 months of probation, walking away with a second chance, but not without consequences. Was justice served? Or did he get off easy? The suspect made a voluntary admission before arrest, stating he activated gift cards for personal use. This raises immediate Fifth Amendment concerns. Under Miranda versus Arizona, police must advise suspects of rights only during custodial interrogation. Here, the suspect was not in custody when he confessed. Because he was free to leave and spoke voluntarily, no Miranda warning was required. His admission is fully admissible in court. This illustrates a critical legal principle. The Fifth Amendment right against self-incrimination exists at all times, but Miranda protections apply only in custody. The suspect's better strategy would have been invoking his right to remain silent and requesting counsel immediately. The theft amount of $2,100 triggers felony grand theft classification. Under Florida Statute 812.014, theft exceeding $750 constitutes grand theft third degree. This felony carries penalties up to 5 years imprisonment and $5,000 in fines. The suspect faces serious lifelong consequences beyond incarceration. Felony convictions impact employment, professional licensing, educational financial aid, and in some states, voting rights until sentence completion. The suspect repeatedly asked whether paying restitution could eliminate charges. This reflects a fundamental misunderstanding of criminal prosecution. Theft is both a crime against the victim and a crime against public order. Once law enforcement is involved with probable cause, prosecution decisions rest with the state. Restitution can be a sentencing condition or plea negotiation factor, but it does not erase criminal liability or prevent prosecution. The deputy's arrest was constitutionally sound. Probable cause existed based on documented video evidence, transaction receipts, digital payment trails, and the suspect's admission. Under Illinois versus Gates, probable cause requires facts sufficient for a reasonable person to believe a crime was committed. That standard was clearly met here. The deputy's use of force merits analysis under Graham versus Connor. This 1989 Supreme Court case established the objective reasonableness standard. Force must be judged from the perspective of a reasonable officer at the scene, not with 20/20 hindsight. Handcuffing alone is minimal control technique, not elevated force. Given the non-violent felony, cooperative suspect, and controlled environment, handcuffing was entirely appropriate and proportional. The deputy demonstrated Fourth Amendment compliance by not searching the suspect's phone. Under Riley versus California, cell phone searches require warrants, even during lawful arrest. Digital devices receive heightened constitutional protection due to the vast personal information they contain. Walgreens investigation exemplifies proper corporate evidence gathering. Transaction logs qualify as business records under Federal Rules of Evidence 8036. These records are admissible exceptions to hearsay because they're created in the regular course of business with established reliability. The video surveillance, Cash App digital trail, and paycheck analysis created an overwhelming prosecution case with multiple corroborating evidence streams. The suspect's question about juvenile programs raises age jurisdiction issues. At 18, he's legally an adult in all 50 states for criminal prosecution. Roper versus Simmons established that 18-year-olds are treated as adults for sentencing purposes, eliminating access to juvenile diversion programs. Deputy Dale receives a grade of A-. His constitutional compliance was flawless. Lawful arrest with probable cause, proper Miranda understanding, Fourth Amendment respect, and appropriate force under Graham versus Connor. He maintained professional demeanor throughout and provided accurate legal information. The only weakness was efficiency in managing repetitive questions about restitution. A more directive communication style would have concluded the encounter 7 to 8 minutes sooner without sacrificing professionalism. The suspect received C+. He demonstrated full cooperation with no physical resistance, which likely influenced his eventual sentencing to probation rather than incarceration. However, his voluntary confession without counsel was a critical error. He built the prosecution's case by confirming theft, method, and motive without legal obligation to speak. His repeated focus on restitution showed legal naivety about how criminal prosecution functions. Most significantly, the original decision to commit systematic employee theft was obviously criminal. Walgreens asset protection receives B+. The investigation was thorough with excellent documentation, video evidence, transaction receipts, digital payment trails, and paycheck cross-reference analysis. Their decision to prosecute rather than accept restitution was legally sound and sends clear deterrent messages. The minor weakness was communication efficiency. A clearer, earlier statement that restitution was already considered and rejected would have eliminated circular conversations. Key lessons from this case. First, never speak to law enforcement without counsel, even in non-custodial settings. The Fifth Amendment protects against self-incrimination at all times. Second, understand that restitution does not eliminate criminal liability. Theft is prosecuted by the state, not negotiated privately with victims. Third, employee theft creates overwhelming evidence through transaction logs, video surveillance, and digital payment trails. These cases have extremely high conviction rates. Fourth, cooperation with law enforcement may influence sentencing, but does not erase charges. Strategic legal decisions require attorney guidance from the outset. Finally, felony convictions carry lasting consequences beyond incarceration. Employment, education, licensing, and civil rights can all be permanently affected. The case concluded with felony charges of grand theft third degree and scheme to defraud. The suspect received 12 months probation with $2,100 restitution. This represents balanced rehabilitative sentencing for a first-time non-violent offender, but the felony conviction remains on record with lifelong consequences. This case demonstrates constitutional policing in controlled arrest scenarios and illustrates how small decisions escalate into felony charges with life-altering impact. What are your thoughts on the 12-month probation outcome? 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