if I could have gone run away it was a different thing the minute the guy came back I turned he was like target target security I said what happened he's like you have to you've not paid I said I don't mind paying for the items but why did you walk through the doors then because I was on call with them they said you were at a target store in Illinois loss prevention had been watching for nearly four hours a woman visiting from India formally identified as Jamisha Avlani spent that time loading merchandise into reusable bags and removing price tags three times she approached the exit doors three times she turned back on the fourth attempt she stepped through the vestibule the last point of sale loss prevention moved in when police arrived the receipt totaled approximately $767 in merchandise well past Illinois $300 felony threshold she had one defense she was still planning to pay what followed would give the prosecution far more than they needed I'm working on a training issue right now are they back there still no they're right here okay are they in the office still yes okay how much we're looking at more than 300 okay she ripped all the tags out okay $4,000 hello how are you hi thank you so this is Anaya this is the info she gave me um she said she does not have an ID on her she's been in the store about seven hours or so she said she's waiting for someone to pick her up she's visiting here OK hey guys hello um she said she doesn't live here she's from India she's with family they're coming to pick her up still a few times um so basically she's been in the store we've been watching for at least four hours she's taken a ton of merchandise different kinds we're getting a total right now for you it'll be well over 500 I'm sure no it'll be more you're right yeah um and she put them all into big three reusable bags and then she kept getting really close to the door she'd stand there she'd be on her phone about three times she did that and then she came back into the store kept shopping and then eventually we just stopped her because she passed the first set of doors went into the vestibule we stopped her in the vestibule brought her back here she's saying that she was still planning to pay for it okay what do you guys want done we're gonna prosecute trespass okay okay but let me just pay for it and not that's that's not happening so you don't have an ID on you or anything like that no no driver's license no no I don't drive here also 6 0 4 1 repeating 6 OK so you don't have any sort of Illinois ID anything like that I'm not from this country OK well there's a lot of people who aren't from this country but still have stuff yeah OK do you have a middle name no I can only do is I don't mind paying for it everything and then leaving but no that's not happening can't do that anymore we lost that opportunity why can't I just pay for it yeah because we're we're way way way past that you committed a felony but if I'm paying for it what does it harm it would have been fine if you didn't leave right you would have had that opportunity to pay but because you left the store at that point you chose to not pay for it and we can't go back that already happened so now how do you order it or what do you do you can't come back to target you can go to another Walmart or Meijer or kohl's or you're gonna have to find a different store to shop at you don't have to pull this off again well but again you made that decision I'm gonna try to run this and see if I can get it to come back I'm gonna step out of here because I'm a very nice guy I promise but this is my job I'm afraid no record on file for last name Avlani first name Anaya yeah I'll check online you don't have to have like a town or anything do you where do you live India negative who are you staying with right now where does your family live family is in India how did you get here on the flight on the flight yeah so you're here by yourself yeah okay they let you fly over without a passport of course I have one you have a passport is it with you it's on how do I carry the passport and roam around okay let's see your passport I don't have a passport right now so okay you flew here from India to America exactly but the passport is not with me in this bag do you have a picture of it listen I don't want to get into any trouble yeah we're we're it's too late for that girl pull up your passport no but then what am I supposed to do that's none of my business I don't know you shouldn't have been stealing stuff I've not yet done anything oh you have pull up your passport for what what do I do okay so either you can pull up your passport now or we're gonna take you back to the station and you can pull up your passport there please don't I I'm really it's really it's too late can you please just pull the plug he just you promised me that nothing is going to happen I did not promise you anything of course you said that nothing you'll once we do the testing you can leave I no I said as soon as we're done with our reporting we'll try to get you out of here as soon as we can yeah you said you would just not that's not true you won't be allowed to we're not gonna fight with him we're not arguing we're not gonna fight with him it's too late so what do you want me to do I need you to pull up your passport I need to see valid identification for you and then and then you will be going back to the station with us I need to see your identification please don't take me to the station that's simply not going to happen and you don't get to have that choice anymore what just shifted is a legal threshold a reasonable person in her position would not have felt free to leave under Berkemer versus McCarty 4 68 US 4 20 1984 that is the standard for criminal custody once custody attaches so does Miranda versus Arizona 3 84 US 4 36 1966 no Miranda warning is audible anywhere in this footage watch what she volunteers from this point forward you made you made you made lots of poor choices today and now you have to pay for them but he said he's not going to put me in the station well that's not he doesn't work for us I don't know who this man is I'm really sorry I'm ready to pay for this that's again I understand you're sorry I know you're ready to pay for it now but you didn't want to pay for it then so I need you to give me your identification please I'm really sorry please you guys are getting a receipt how long you she I mean there's a lot of stuff she's just scanning it all into a receipt but she one second he told promised me that you can leave once it's scanned simply none of my business that has nothing to do with our job and it's not so what do you want me to do passport please thank you so what are all those other things that you were just swiping by no that's all Indian documents you can I can have I don't have my I can show you my license here here license OK so who's what's who's Jamisha me and this is my name so who's so who's Anaya this is my name also but this is my Jamisha Avlani you can see my picture OK this is me OK so this is so this is not your first name no OK that's nice listen please don't please don't embarrass me ma'am I think your own choices are gonna embarrass you it has nothing to do with me so what do I have to do if I have to what do you want me to do you are if you're good I'm not taking anything I'm ready to even pay for it it's not does not work like that I don't know why you keep saying the same thing over and over again so what do you want me to do I just want you to be quiet for right now I'm really sorry to bother you if it is I'm really sorry I understand that you're sorry I'm not from this country I'm not going to be staying here OK how far are you OK are you allowed to steal things in India no I didn't think so I didn't think so OK the minute he came the minute the door open he came I returned back I said I was just waiting I've not gone away how would I even run with these bags it's humanly impossible okay they're almost done they're about 767 so they're trying to find other 767 if it is that much I don't mind paying you no we're past that I don't know what I don't know why you keep saying that over and over again I told you many times we are past that so what do you want me to do man I I told you what I would like you to do do you guys need video tonight I would love to have a video I'll start oh my God Anaya it's the first time I've sat down in 4 hours yeah how are you not tired no you've been walking around for 7 hours I'm not even haha oh my gosh I'm ready to pay for the merchandise and leave the store no I don't know why you keep repeating that I told you no so then what do you want me to do I told you you're gonna be coming back to the police station with us please just don't do that that's my job so I'm really sorry it's I understand that you're sorry what do I go to the police station and do ma'am you're gonna be criminally charged I'm really sorry okay I don't mind paying for the merchandise okay I'm I'm done talking to you because you just keep repeating the same things over and over again and I keep telling you that that's not an option we can't do that so I'm not gonna be acknowledging that anymore because I've already determined we're not doing that you're repeating the same thing over and over again and expecting a different response is not going to happen one second he promised me you've already said that we've already gone over that and it does not matter to me what he said you still committed a crime regardless of what he said let me just pay for the merchandise now please it's way too late to pay for it what what is the harm you had many registers to choose from it's too late I don't mind paying for the merchandise and I'm not going to come back again we know but let me just pay for the merchandise and finish it I need to take these goods for everyone at home and you have her walking past the last point on you can you want to see it really fast yeah sure that would be OK can I just purchase the merchandise so let me explain this okay this is at 7:11 when you had this stuff did you go past the double doors so no not once only okay you mean not even completely before I ask any more questions okay I will explain this to you I'm not asking in the best field uh huh yep pass this a few times she came up and stopped right here I think she was seeing if it would beep or not I don't know and then she went back back in grabbed all our stuff came back stood right here yep went back grab more stuff understood and the last time she went all the way around came back behind that surveillance review just locked in the evidentiary foundation Illinois law carries a decisive statutory presumption here under 7 20 Illinois Compiled Statutes 5 16 25 d concealing merchandise and passing the last point of sale presumptively establishes theft intent tag removal merchandise loading vestibule crossing all directly witnessed by loss prevention the state of mind element is already established without a single word from the subject they don't want you to be different did one of these OK when you do that did it beat them no she didn't have anything that would have OK so not everybody don't want to take any money from you they don't want any of that they want you here that's why we're talking and we're not gonna take any money from them we're not gonna take any money from you OK we have paperwork that we gotta do here and then we have paperwork that we have to do back at the station OK don't take me to the station now please how will I go back they were gonna pick me up somewhere from target okay we we can call somebody once you get back there okay once we get back there it's a lot of paperwork alright sometimes it's dependent you know if if we do our paperwork sometimes you can leave okay once our paperwork is done then you leave then you can call somebody to pick you up from the station which is not I don't want anybody to pick me up from the station then you can call an Uber then you can call an Uber and have someone else pick you up if you don't want anyone else picking you up from the station then you have to call an Uber somebody cause you know you gotta get out of our custody somehow so you're not gonna have to go anywhere tonight you'll be able to go home but you have to go somewhere wherever you wanna go but somebody else is gonna have to come pick you up did you drive here no how did you get here they dropped me okay well then they can then they can help you figure it out or you can call an Uber or whatever can the paperwork be done for you only hmm do I need to go to the station yes but this amount I don't mind paying it's not a let me finish you're starting to frustrate me we've told you a a bunch of times that is not an option so please stop saying that have you ever seen her before here no OK can we just please what is this uh that was her phone number huh how do we go to the station with us you'll you'll ride in the car with us and then be there for how long until until we get the paperwork done sometimes it's maybe an hour how do I what do I tell them you can tell them whatever you want you have to at least be helpful if I've done run away or something I have to be helpful I'm at least you can be I know y'all are being very helpful but I just need to y'all to help me first of all not from this country if I'm not carrying money or something it's a different thing I have money to pay also okay he explained that to you I'm sorry that you're from a different country but like you said you're not allowed to steal in India either most places do not really appreciate thieves of course you don't know you if you walk out and if I if I if I walked out and I ran away yet I'm just coming he came running I was like what's happening I was on a call where are these people I don't mind paying for it you can see the video I don't mind paying for it and finishing it off I need to take these articles from as gifting I promise there won't be anything it's over I just need to pay and finish it you need a reason please let me pay and take this now yes you can thank you I like this pen she's almost done I'm sorry can I pay for this and finish it what do you think the answer is gonna be I don't know it's gonna be no just like it was the other 15 times let me just let them know that I'll take a while I'm here what are you calling family or friend I need to call the family friend that I will take some time to come home OK yeah yeah that's fine go ahead because they'll be wondering where is she go ahead that's fine when will I be able to go back home about an hour you already answered that question can we then go and finish the procedure well I need to wait for the receipt to see how much stuff you stole but don't at least use the word stole I don't mind paying for it okay he should have just you he should have just you should have just taken a picture real quick okay of what just for you for Target's records thank you he should have just told me ma'am you're going can you just finish paying for it I was on a call I would have finished it Walmart can I buy the stuff no and no you're not buying anything you're not welcome here you're not welcome to make purchases here no they don't want your business here is what the footage cannot explain on its own why will not anyone simply take her money right now Illinois Shopkeepers Privilege 7 20 Illinois Compiled Statutes 5 16 26 authorizes detention of a suspect for a reasonable time to investigate it does not give the store authority to settle a criminal case once police are involved that decision belongs to the courts the offer to pay carries no legal weight at this stage this case belongs to the courts now not the store oh just kidding we have the receipt what's the total amount I don't mind paying that stop it's way too much do you want me to honestly tell you everything else or um no I'll take that back with me cause I'll have to do the complaints and everything alright have you take your bag off and put it right here what take the bag off and put it right there I told you what's gonna happen stand up nothing on you nothing on you no no guns no knives no nothing like that oh nothing just face me don't move just stay where you're at she has a personal luggage too yeah it's an empty bag yeah okay so you she brought something into the store that's an empty luggage turn around and relax please hey please please don't do this don't don't resist it's not going to go well for you stop but why just stop we explained it to you okay when you take things without permission that's a crime but what do I what do I do now for how long is it going to be hang on huh OK just hang on OK it's probably going to be one maybe two hours OK it depends on how quick the paper process works please I'm requesting you see come from like I got a teaser 5 11:01 put my bags your bag will come with don't worry we'll have your bag 11:01 what do I tell the family people 5:01 Kevin hi how you doing yes is it gonna come with us uh okay do you have the trespass or no I have it on what do I tell the family people I don't I don't know what to tell you from yours yeah do not resist you're gonna catch an extra charge don't do that just keep walking what charge 60 41 6 0 4 1 this is her first station OK her name this is yours yeah OK great yeah yep it's gonna be very embarrassing please man I understand that it's embarrassing I wouldn't steal either it's very very embarrassing what do you want me to do now you're gonna go to the station and you're gonna be processed huh you're gonna go back to the station you're gonna be criminally charged and processed what are you doing this criminal what is that you'll have to go to court but at least let me know how do I need to call somebody you'll you'll need to call somebody later when we're done with all the paperwork but what do those people do to me like what do you want me to do I I need to go back home well you should have thought about that then but I don't know if you keep me forever or something no we're not gonna keep you forever please I have a daughter who's 20 well then we should have been a better role model right yeah but then please help me I'm not gonna help you why would I help you huh I'm not going to run away why you keeping this keeping what this car who's going to run away for 13 dollars okay I don't mind that's what I said the best thing was to pay and finish it the best thing to do would be not to steal in the first place that would be the best thing to do of course if I could have gone run away it was a different thing the minute the guy came back I turned he was like target target security I said what happened he's like you have to you've not paid I said I don't mind paying for the items but why did you walk through the doors then because I was on call with them they said you stop that statement unprompted on camera after already being handcuffed is the most consequential in this entire case it places fleeing with the merchandise inside her mind as a known option no question preceded it under Rhode Island versus Innis 4 46 US 2 91 1980 spontaneous statements are admissible without Miranda combined with the statutory presumption already in place this statement leaves a defense attorney with almost nothing to work with you're gonna walk past the last point of all the cash registers with the with the security things no if the security if it if if the security bars were there OK I I know that if I pass that it's going to beep it only beeps if you have certain items see I don't and after that the second door was there also I didn't pass tell me with this heavy luggage I could have taken the things and put it in my bag also the main bag you pass you passed all of the points of not all of the points yes you did the first half point no no you passed all of the cash registers no cash registers were different and this is this side was there so I'm trying to explain to I'm trying to explain something to you so what we call the last point or the last point of final sale right if you pass if you take the cart full of the stuff OK and which is you had you had 13 dollars worth of stuff and you push the cart past all of the all of the places that you could have paid for it yes and then you start to leave we have a problem I know I know I understand I don't mind paying for it right now I'm going to have to do the procedure now I'll get target stuff again online and do ask somebody to do it it was the simplest thing for him to tell me that next time don't come to the store and tell him that listen pay for this and then leave I'm gonna go make some phone calls oh my God f*ck sake dude dude I like looked at him like you're frustrating me now at this point ask me 7,000 times can I just pay for it now can I just pay no no let us break this case down the primary charge is retail theft under 720 Illinois Compiled Statutes 5 1625 a 1 with merchandise totaling approximately $767 this is a class 3 felony two to five years in prison fines up to $25,000 a trespass notice permanently bars return to any target property that notice falls under 7 20 Illinois Compiled Statutes 5 21 3 any future entry constitutes a new and independent criminal offense under 7 20 Illinois Compiled Statutes 5 16 25 d concealing merchandise and crossing the last point of sale creates a statutory presumption of theft intent tag removal merchandise loading vestibule crossing all documented by loss prevention before she spoke a single word the prosecution does not need to prove what was in her mind the law presumes it from her conduct the officer receives a B+ his arrest met every constitutional standard under Dunaway versus New York Four Forty-Two U S 200 1979 accurate and professional throughout his arrest was built on solid probable cause his explanation of the last point of sale doctrine never wavered however no Miranda advisory was given after custody attached one advisement would have eliminated the suppression window defense counsel will now target target loss prevention receives an a minus patient surveillance documented concealment and stopping inside the vestibule rather than outside were all textbook one mark against ambiguity around an alleged promise introduced credibility friction that should not have existed from the start Anaya receives a d minus the statutory case was complete before she spoke a word her spontaneous statement delivered on camera after handcuffing is admissible under Colorado versus Connelly 4 79 U S One Fifty-Seven 1986 she had the right to remain silent she did not use it three lessons from this case first in Illinois the crime is legally complete at the vestibule not the parking lot 7 20 Illinois Compiled Statutes 5 16 25 d creates a statutory presumption from concealment plus last point of sale crossing the claim of still intending to pay is the most common shoplifting defense in the country Illinois codified the statute specifically to address it second your behavior pattern is evidence loss prevention documented everything before a single word was spoken third you have the constitutional right to remain silent request an attorney let the process work today's breakdown covered Illinois retail theft law the last point of sale doctrine and what your constitutional rights look like in practice if that was useful please subscribe and hit the bell we will see you in the next one