The video provides a pragmatic look at how procedural cooperation acts as a lubricant for the legal system, often determining immediate freedom more than the crime itself. It effectively illustrates that while the law may be objective, the lived experience of it is frequently transactional.
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Entitled Shoplifters Thought Their Theft Spree Went Unnoticed | Legal Analysis追加:
Okay, let me show you the picture. Hey.
Hey. And then you tell me. You tell me if I'm lying. Okay. I'll show you the picture yesterday. Okay. And then you tell me if I'm lying. All right. Let's see.
>> How many blueing Taho are there >> out there? Get the out of here, bro.
>> Hang on. Hang on.
>> You got light.
>> Hey.
>> Check this out. How many blue Taho have the same license plate and sticker on them, bro? Right. So, >> that wasn't our car.
>> That is your card. I'm looking at it, man.
On July 16th, 2023, Kirkland Police Department officers responded to a retail theft at a Ross store in Washington State. The following day, the same vehicle was identified at a nearby Safeway and officers moved to detain the occupants.
Unfortunately, I'm scared. I'm scared.
>> Okay, look.
>> I'm out of a goddamn thing. Prove it.
>> Why?
>> Wow.
>> Uh, short version is I was just walking in. Mhm. Just, you know, and I was actually just by their car. Didn't they park right where you parked?
>> Okay.
>> I saw them running out. Did not identify myself or anything, but I was right by the car. Um, and somebody get out of his way. He's going to shoot me. So, I did get a picture.
>> Yeah. Okay.
>> All right. And do we have video of them?
We mostly I literally just Okay.
>> Yeah. Come to the office. We'll uh >> Sounds good.
That's her, right?
>> I think so. It's 149.
>> They may have already been in this door collecting stuff.
>> Is that him right there?
>> Yeah. Comes from this side walks across.
>> Yeah, I think so. Yes. Yeah, that's him.
>> Hey man, I'm Corporal Das Police Department. Hey, I'm Corporal Das Police Department. All right, come and chat with me real quick.
>> Hey man, could you just have a seat on my bumper, please?
>> Turn around. Put your hands behind your back for me. Hey man, you're just being detained right now.
>> What is he being detained for?
>> Both of you guys are being detained right now.
>> Me?
>> What did I do?
>> Put your hands together.
>> Hey man, put your hands together. Hey, fingers together. Palms together. I'll pick up your cigarette. I promise. Drop your cigarette. Palms together.
>> Hey, I I will tell you here in a sec.
Put your palms together, sir. Don't right now together.
>> No, they aren't. Put your palms together.
>> Get the [ __ ] things on, bro.
>> Hey, put your fingers fingers.
>> You still going to You trying to >> I'm not trying to, bro. I can't get my palms together, bro.
>> I didn't. That's all you >> Brandon, stop it, >> Brandon. It's going to be real quick.
We'll let you know what's going on, okay?
>> And then we're going to be out of these puffs, right?
>> We got to explain to you what's going on and why you're being detained. Okay.
>> Why do you think >> Hey, man. Hey, right now you're being detained cuz your vehicle and you were involved in a theft yesterday at Ross here in the city of Kirkland.
>> Okay.
What is it?
>> Okay. Do you have any uh weapons on you?
>> No.
>> Okay. Anything sharp that's going to poke me?
>> No.
>> Okay. Turn around. Have a seat.
>> Yeah. We just picked our friend up from the uh >> We live in every I know >> you guys areing nuts.
>> Uhuh. I'm not nuts, man. Cuz >> you living all the way in Everett, bro.
I was dropping my kids off at camp yesterday, bro.
>> You mean bro?
>> Just let him talk.
>> Get the out of here. No.
>> Let him talk.
>> You got me [ __ ] up, bro.
>> I not right now, man. I'm going to re >> you ain't [ __ ] >> You have the right to remain silent. Any mistake used against you in court of law. There is time to talk to a lawyer and have a present with you while you're being questioned. Now for hire a lawyer want to be appointed to represent you for question you wish to decide anytime to exercise these rights to not answer any questions or make any statements. Do you understand that?
>> Yeah.
>> The threshold legal question is whether the initial stop satisfies the reasonable articulable suspicion standard established in Terry versus Ohio. The answer is clearly yes.
Officers possessed a specific vehicle match. Same make, same color, same license plate, and a distinctive identifying decal. That is not a hunch.
That is documented articulable suspicion 426. The constitutional floor required for an investigative detention.
>> Okay.
>> Here's the deal.
>> Yesterday there >> right now.
>> No, right now you're detained and you're not free to leave.
>> Yeah.
>> Okay. So, you're not free to leave, but you're not under arrest. I am detaining you >> for what?
>> Okay. So, yesterday?
>> Yeah.
>> A mail matching your description.
>> Can you get my letter? Can I get my cigarette?
>> Yeah.
How many mills the rest of my pony get the >> out of here? Let me explain.
>> Let me explain.
>> Hey, I'm going to explain it all to you, but you got to let me explain to you.
>> Can I get Can I get my light?
>> Yeah.
>> I like we don't have issues.
>> Hey, >> I'm willing to work with you on this.
Got a red light.
>> Chill. Chill.
>> Hey, I will explain everything to you, but you got to chill for me. Okay, Brandon. Okay. Okay. Where's your lighter?
>> Give my light.
No. It don't work. Give me my other one.
>> So, you're saying you had this vehicle yesterday? It wasn't in the city at all.
Your car?
>> No, yesterday. Yesterday.
>> No, I was dropping my kids off at camp.
>> Guess it was in the city yesterday.
>> The car was?
>> Yes, because uh my friend who's in the store right now um came here to get groceries.
>> Was he with your friend yesterday or was it just your friend's car?
>> It was just my friend in the car.
>> Your car?
>> No, it was not.
>> Whose car?
>> Her car.
>> Okay. So you're drive you're you're saying out of here you know >> hey don't [ __ ] I wasn't driving that car you got me up hey >> I'm tattoo artist bro I do tattoos >> I appreciate that >> I get bred for doing with this right here on your arm I look like and I'm not high bro >> I'm not serious >> I'm not high smoke weed broill out of here >> chill Brandon chill chill >> give me my cigarette my light >> have a seat chill out.
>> This vehicle was involved and used in a theft yesterday, buddy. And that's why I'm trying to figure out who whose car is it because it was used.
>> It was used in a theft yesterday. It was >> It's not a car.
>> Huh?
>> It wasn't used in a theft yesterday. I can tell you that right now.
>> Okay. Let me show you the picture. Hey.
Hey. And then you tell me. You tell me if I'm lying.
>> Okay. I'll show you the picture yesterday. Okay. And then you tell me if I'm lying. All right.
>> Let's see. How many blueing taho are there >> out there? Get the out of here, bro.
>> Hang on. Hang on. You >> got light.
>> Hey, >> check this out. How many blue Taho have the same license plate and sticker on them, bro? Right. So, chill.
>> That wasn't our car.
>> That is your card. I'm looking at it, man.
>> If it is, they got the wronging car.
>> Katie was driving yesterday, remember?
>> Chill.
>> So, right now, you're being detained while I investigate this cuz the car was used in the >> All right. Can I get my light? Babe, >> you got a light for him?
>> Is this the lighter?
>> Yeah, but it won't light. I need a jump start.
>> Hey, why don't you go see if you can find him a lighter over there? She'll let you get a lighter.
>> So, you're saying you were in this car yesterday?
>> No.
>> Okay. You said you're dropping the kids off in >> Yeah, I dropped the kids off and this is >> Okay. Not your car. Car?
>> Yeah.
>> Hey, Gy, why don't you stand with him real quick for me? Okay. Your car was involved in a theft here in the city of Kirkland. So, let's go with you saying, "Hey, it's not him or it's not Brandon.
It's not you." So, who was it?
my friend that's in the store probably.
She took my car yesterday.
>> She has She I can't.
>> One, two, three. I'll take one more here, please.
>> I don't want um I'm not going down for something that she did.
>> Yeah, she did. And And I'll tell you what. Well, he he's giving me a bunch of lip. I'm going to show you the proof that it was your vehicle. Okay. And you can tell me if I'm lying. How's that sound?
>> Hey, is that your car with the [ __ ] around sticker and the same license plate right here?
>> Yeah. So, right now, you guys are my theft suspects, right? Until I know otherwise.
>> Well, she's in the store right now getting her medicine. But I don't want to be known that I told that it wasn't it was her, not me.
>> Okay. She a big bigger gal. We want hair.
>> Okay.
>> Okay, >> babe. Just hold on a second.
>> Can we get out of the car, please?
>> No. Not until I figure out everything that's going on. Okay. So, it was her and some other male. And you're saying it's not Brandon? Who Who was she with yesterday?
>> I I don't know.
>> So, you're saying that you load her your car?
>> Yes.
>> But >> she doesn't have a car.
>> She doesn't have a car. So, you load.
>> She has kids. And so, I sat at home with the kids cuz we got all the kids ready to go to camp yesterday.
>> She was with like a big bigger maybe Hispanic male kind of like Brandon, but instead of like the nice meat tail, he just had long hair just flown down. Does that match description? Anybody you know of hers?
>> No. Okay.
>> And she didn't tell me she picked anybody up. So, I don't I I honestly don't know. I was focused on getting my kids ready for camp. She said she needed to go get groceries and I really need you to look like at the footage because I was not present. And you can run my name. I've never been charged.
>> Well, I don't know if you were present or not cuz it's your car. You're saying it's your car, right? I saw two people in the store, but I saw this car take off.
>> Yeah. And he was not present here. She She'll tell you that.
>> But she was.
>> Yes.
>> Got it. Okay.
>> Well, if my car was here, obviously, and she came to get groceries, so she went to.
>> So, it's a Hispanic female heavier set bleach blonde hair. Okay. And she was they're claiming that oh that's the guy who got the car yesterday. She's here getting medication. But it's my she's saying that's subject that matches the subject more than this girl does. But he still matches my male. But she says no.
This guy will tell tell you that it wasn't this male. So I want to go grab it. Okay. And I have PT for at least her and maybe him. But I'm going to chat with her. I'll go this group. Yeah.
What if I have tons?
>> You have what?
>> Well, I have table.
>> So, you just you just have to go get your prescription.
>> I have to get you. Yeah.
>> Okay.
>> I just I literally just get out the hospital.
>> Okay. So, >> is that okay? You walk over there.
>> So, two Yeah. two things real quick. Uh one, you're being audio video recorded.
>> Second one, uh you were just going down physically. Uh you're part of a criminal investigation right now at this point.
Uh, this is Corporal Ness. Uh, believe he has a case with you.
>> Okay.
>> I'm Corporal Ness. Just before we go any further, I got to read you a couple things here. Okay.
>> You want to do it over there?
>> Do I want you >> away from >> away from everybody?
>> Well, it doesn't matter. I guess.
>> Yeah. Yeah. Just let you know you have the right to remain silent. Anything you say, >> right? This time, talk to your lawyer and have a present with you while being questioned. Now for high role a lawyer want to be appointed to represent you before question you wish I exis the Christ not answer any questions or make any statements.
>> Oh wait I must put in my purse.
>> The male subject was handcuffed and told explicitly he was not free to leave under Florida versus Bostic. The dispositive question is whether a reasonable person would feel free to terminate the encounter. No reasonable person in handcuffs told they cannot leave would believe otherwise. Custody was established at that moment. Miranda warnings followed under Miranda versus Arizona. Warnings are constitutionally required prior to any custodial interrogation. The advisement here was substantively complete and timely dashw.law.com.
Administered after custody was established before questioning resumed.
This is procedurally correct. However, the officer's repeated framing that honesty would determine whether the subject went to jail occupies a legally contested space. Under Washington Revised Code section 10.58.030, confessions must be voluntary and free from improper inducement. Linking arrest disposition directly to a suspect's willingness to self-inccriminate risks crossing from permissible negotiation into coercive inducement. The male subject declined to make incriminating statements, which is his absolute right under the fifth amendment. No adverse legal inference may be drawn from that silence. We're just going to not touch your phone or anything right now until we talk. Tell >> yourself what's going on >> right now. You're detained because I literally you had possession of the vehicle that's out there. That's your friend's car yesterday.
>> I had possession of the car. Oh, you know, like I've been on my deathbed, right? Like >> I mean, death bed or not, you match the exact video footage of a theft that occurred at Ross yesterday in our city with that car and you talking to the loss prevention officer. I'm sure you remember it. So, I just want you to be honest and tell me what happened.
>> Talking to a loss prevention officer.
>> Yeah. On your way out. I don't think you realize he's false prevention.
>> So tell me what happened yesterday with all that.
>> Sir, seriously?
>> Yeah.
>> I honestly am very ashamed right now. I don't >> But can I please at least get my prescriptions? Cuz if you're going to take me to jail, I at least Can I at least >> Yeah, we we'll work through that. But talk to me about yesterday.
>> I just said I'm ashamed of what happened.
>> I know you're ashamed of what happened.
So, what what happened to all the merchandise you stole from Ross yesterday?
>> Is it >> Is it still in the car?
This is just a lot right now.
>> I know it's a lot.
>> This is a lot. This is small.
>> Okay. Why answer my question? Is there any merchandise that when you stole you stole the like kids shoes and stuff? I get it. You probably got family and you're taking care of them, but where's that merchandise now? Is it in the cart or is it at home somewhere else?
>> It's gone.
>> It's gone. It's like whatever you see.
>> I have four kids. They went to camp.
>> Okay. See, I these are things I need to know. Right. Right. I can understand people falling hard times, >> but it doesn't mean that it's private, >> right? That's right. You know, and you know, I appreciate that you're being honest with me. Now, the next thing I want you to be honest with me about is who was with you.
I really know this penguin attached you.
>> Yeah, we we'll go get him. But who was with you yesterday? Was it the male that's out there right now? Is it was Brandon with you?
Okay.
>> Man, now it's time to be honest. We're We're looking for real honesty here, right? Well, unfortunately, I'm scared.
I'm really scared.
>> Okay.
So, was it Brandon with you?
>> I don't even know him. I know my friend.
>> Okay. Was the Who was the gentleman with you yesterday? Was it the gentleman out in the car with you today?
>> Yeah. Is that a yes?
>> Yeah. Can you Can you just say yes to me?
>> I'm just scared. I'm scared. cuz I have four kids on the street right now. Okay, I'm sorry.
>> Right, but your honesty goes a long way with me right now. Right. It's the difference between me keeping you in jail or taking you to jail or criminally cighting you because you got medical issues, right? And four kids at home.
But I need your honesty about everything that happened yesterday. Okay.
>> So, gentleman Brandon guy, but he was with you yesterday and he was the male who stole the items from the store.
Correct. Huh?
Yeah.
>> Okay. And you also stole items from the store?
>> Yes.
>> I don't want to lie. There was something.
>> Do you have your ID on you?
>> Looks like you.
>> Well, I saw an ID in there.
>> Yeah. Is that not what you I thought it was an ID.
>> It's okay. Can I look?
>> I know.
>> It's okay.
>> It's not okay.
>> People make mistakes and we learn from them.
>> No, it's not okay.
>> Give me a second. I just had to go pick up the pills. So, here it is.
>> King30.
I have to go get my pillows.
>> All right. Let's go get your pills.
Okay. My officer here will walk with you.
>> You got it with her?
>> Yeah.
>> All right. I'm going to go back out.
>> Yeah. I'll take her outside.
>> Cool. All right. I'll see you outside.
>> Are you guys taking them?
>> So, chat with your friend. and she's under rescue. My partner's in there with him, but she's advising that she along with Brandon were both in Ross yesterday.
>> So, Ross.
>> Yeah. Here in Kirkland. And they got stuff for the kids to go to camp and that's what they stole.
>> Oh, no.
>> Clearly, she and Brandon were both in on this yesterday. So, clearly you're not the person I'm looking for. So, I appreciate your honesty with me.
Appreciate her honesty. I'm going to talk to Brandon, but right now Brandon's going to be under arrest for the theft as well.
>> Of here and somewhere else.
>> Of here. Did she see Did he steal anything from here?
>> No, I thought that's what we were in the parking lot from stealing from Safeway.
They were >> No, yesterday. Your car is involved in a theft at Ross.
>> You didn't Yeah, you didn't say that.
You said Safeway.
>> I said Safeway. I thought it was Safeway.
>> Yeah, I told him yesterday. So, it sounds like they got [ __ ] for uh the kids to go to camp. So, I'm going to go chat with him and then she unfortunately got all these medical stuff looks like.
So, she might not be coming with me, but we'll figure that out as well. Okay. She might have stuff. We might still take her in to get fingerprinted photographed, but release her today just because of her medical issue.
>> Did he get released today, too?
>> He lied to me. So, I'm going to go chat and give him a chance to be honest with her.
>> Okay, I'm going to tell you something right now. Like I told him, he does not have a good background of police being nice. Okay. Racial profiling, racism.
It's >> Well, but today he's already lied to me because he did commit a crime and he was the one who committed a crime in our city. So, he had this chance to be honest with me then about it. Right. So, go.
>> Yeah. But he doesn't need to go to jail either. He's He's out of He's on Suboxin. Okay. He's out of his meds. His appointment's tomorrow at 8:30 a.m. If we miss that, he's screwed.
>> Well, we'll go chat and we'll see how honest he is with me. Okay.
>> Because he not going to be honest. Uh >> I'm going to get I'm going to lay it out in front of him and then go from there.
Now's your chance to be honest with me here cuz I had a lengthy conversation with her in the store. Right.
>> The gal who was also involved in this theft yesterday, right? And >> wasn't she?
>> What do you think she told me about the theft yesterday? I don't feel involved in [ __ ] here.
>> Okay.
>> What the you guys talking about?
Probably got the wrong cards on.
>> Okay. Uh if you're not going to be honest with me and given this chance here, then today you're going to jail.
>> Be honest for what? What you wanted to do >> about the theft yesterday, man?
>> Say I broke the law so you could take me to jail. No, >> I already know you broke the law, Brandon.
>> Say [ __ ] You got me up.
>> You got the wronging card. Leave me the alone. Leave me out of it.
>> Let's pay him out searching. All right, Brand, you're under arrest yesterday for theft. You >> okay? because you committed a theft yesterday here in our city. Step out down here.
>> You want me to edit or some [ __ ] >> I do.
>> That's [ __ ] No.
>> Okay, >> babe. Give me my phone and [ __ ] >> I'll be calling you.
>> Bail me the out.
>> Whatever this [ __ ] is, >> man.
>> Yeah. Okay.
>> Yeah. Okay.
>> Chill.
>> Yeah.
>> Write me a [ __ ] ticket. There's my ID if that's going to happen. is if you shut up.
>> Yeah. And they're honest, right?
>> The female subject was separately contacted inside the store. A second Miranda adisement was administered before questioning began. This is the correct procedure for a second suspect in a separate contact. She was not obligated to answer questions. The legally optimal decision would have been to invoke counsel under the Sixth Amendment before speaking. She did not.
Her gradual admission confirming both her own involvement and the male subject's presence during the theft constituted a voluntary statement admissible under federal evidentiary standards. That statement supplied the probable cause for the male subject's arrest. Under Illinois versus Gates, probable cause exists when the totality of circumstances would lead a reasonable officer to conclude a crime was committed by this person. Vehicle identification, photographic evidence from the prior day, and a corroborating eyewitness statement satisfy that standard. The arrest was constitutionally sound. Washington Revised Code section 9A5650 defines theft in the third degree as theft of property not exceeding $750 in value, a gross misdemeanor. Warrantless arrest authority is governed by Washington Revised Code section 10 31100 which permits arrest without a warrant when probable cause exists for a felony or when a misdemeanor was committed in the officer's presence. Neither condition precisely applies here the offense occurred the prior day outside the officer's presence. The arrest relies entirely on probable cause which as established was legally sufficient.
The two subjects received materially different dispositions. The female was booked, fingerprinted, photographed, and released the same day. The male spent the night in jail. This differential outcome is legally permissible. American courts have long recognized law enforcement discretion based on cooperation level, WW, provided that discretion is not applied on the basis of a protected class. The male subject referenced a history of racial profiling during the encounter. That allegation is not adjudicated by this footage alone, but it is a documented statement that warrants institutional attention.
>> Like, look. Hey, man.
>> Hey, listen to me. Hey, Brandon. Right.
>> I'm out of do a goddamn thing. Prove it.
>> Okay. Well, you >> see, your partner here told me the truth and told me exactly what happened and why. That you guys need stuff for the kids camps, which I can understand, right? If you're not making as much money, >> it is what it is, bro. I'm not I'm not going to snitch. So, I'm going to snitch it myself.
>> Okay. All right. Well, right now you booked into custody for theft. That's what's happening today. No, it's too late now. I gave you a chance to be honest. And you told me that you >> Whatever, bro. I'm like, yeah, these are the goarounds the police play with [ __ ] to take me to jail, bro.
You lied to me.
>> Whatever. Get the out of jail, bro. You lied.
>> You dog.
>> For real, man. Don't play games.
>> Don't play games with me. Just hell of cars like that.
>> Not with like the bro.
>> Whatever. I'm not going to argue with you, huh?
>> I mean, you are.
>> I can't argue with my kids.
>> Okay.
>> All right.
>> Which car is yours?
>> Got any more warrants?
>> Yeah. You got one out of Everett for criminal trespass.
>> I know. I'm going to jail.
>> No, Everett doesn't usually mean otherwise.
>> Yeah.
>> Another punk ass cop I had to deal with for walking my dog to get the soda.
>> Wait, let me trespass.
Is is he evening release?
>> No. He had his opportunity to admit and be honest of whine from moment one when I contacted him. Right. He's still claiming this car wasn't even the car.
>> You saw the picture. You know it's the car, right? It's the most evident car with a f around find out sticker on it.
>> You mind doing the transport for me?
>> I'm sorry.
>> Corporal Desker and Corporal Ness receive a B. The pre-cont investigation was methodical and well documented.
Miranda was administered correctly. No excessive force was used. However, the honesty for leniency interrogation framing introduces downstream voluntariness risk, a tactically effective but legally imprecise approach that could draw suppression motions in future cases. The male subject receives a C+. His invocation of the right against self-inccrimination was constitutionally valid. His physical compliance prevented the encounter from escalating. However, his continued alternative explanations rather than a clean invocation of silence created a record of statements that could not withstand the weight of the photographic and testimonial evidence against him.
The female subject receives a B+. She did not make false material statements.
She cooperated voluntarily after Miranda warnings. Her outcome reflected that cooperation directly. The legal cost.
Her statement provided the probable cause for her companion's arrest, a consequence she may not have fully understood at the time of speaking. The Kirkland Police Department receives a B minus. Investigative technique and use of force restraint were commendable.
Departmental policy on interrogation voluntariness standards, warrants review to reduce civil litigation exposure.
Three lessons emerge from this encounter. First, silence is a right, not a tactic. the male subject attempted to outar argue documented evidence. A clean immediate invocation of the fifth amendment would have been strategically superior to sustained denial. Second, cooperation has legal consequences beyond the cooperating party. A voluntary statement made by one suspect routinely supplies probable cause sufficient to arrest another. Anyone in a joint criminal investigation should understand this before speaking. Third, the voluntariness of a confession is not determined by whether the suspect believed they had a choice. It is determined by whether the law considers the circumstances coercive. That distinction matters enormously in suppression hearings. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching and don't forget to subscribe to our channel for more content on police court interactions.
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