Factory Owner Tries to Excuse $1,000 Felony Theft with "Stupidity"

本站添加: 2026-05-15

[00:00:00]This belongs to us too.

[00:00:01]>> So would you like that?

[00:00:02]>> We would like to prosecute.

[00:00:03]>> Prosecute. You want to trespass from the property?

[00:00:05]>> Yeah.

[00:00:05]>> Okay.

[00:00:07]>> I know.

[00:00:09]>> We're already at felony. Is this back door open here?

[00:00:12]>> Is that open here right now?

[00:00:13]>> No.

[00:00:14]>> Hi.

[00:00:16]>> How do you pronounce your name, sir?

[00:00:18]>> Dan.

[00:00:19]>> Dan. Okay. My name is Officer Williams with the Linda Police Department. I'm going to start asking you some questions. I have an idea why we're here. So, if you mind sitting down for me.

[00:00:28]On September 30th, 2022, Orlando police responded to a Costco for alleged retail theft exceeding $1,800.

[00:00:36]Under Florida statute section 82.014, theft of property valued between 750 and $5,000.

[00:00:44]Constitutes grand theft in the third degree, a felony punishable by up to 5 years imprisonment. The critical legal question here centers on a significant constitutional violation that could jeopardize the entire prosecution.

[00:00:57]>> We told them that we were lost was lost for that. I need them to come back inside and that's when >> Okay.

[00:01:05]>> So, they come in with those bags or those bags from here?

[00:01:07]>> Those bags belong to them.

[00:01:08]>> Okay. So, they walked in. We got back.

[00:01:10]Do you have any of it?

[00:01:11]>> Uh, no. It was We might have some videos, but uh >> That's okay. But you guys >> I was the whole time on the record.

[00:01:17]>> You said about 1,000 bucks. Uh 1,000 >> you said it's about a,000 bucks.

[00:01:24]>> A,000, $29.90 >> for the neck. Which one? The neck gear.

[00:01:31]Here.

[00:01:31]>> No, this is like $599.99.

[00:01:35]>> What? $549.99.

[00:01:37]>> Okay.

[00:01:37]>> The Le Paul is this one. It's $169.99.

[00:01:42]>> What about this knife? This >> It comes with this. It's a set.

[00:01:44]>> Oh, so it's all together.

[00:01:45]>> Yeah. So, uh, the outer frame is this one.

[00:01:49]>> Yep.

[00:01:50]>> Uh, the mug is this one and the dry part is that one. We didn't have that this on there, but that's okay.

[00:02:00]>> This belongs to us, too.

[00:02:02]>> So, would you like that?

[00:02:03]>> We would like to prosecute.

[00:02:04]>> Prosecute. You want to trespass on the property?

[00:02:06]>> Yeah.

[00:02:06]>> Okay. Have they done this before?

[00:02:08]>> Uh, I don't know about that.

[00:02:09]>> Have you never seen them before? There's other calls from other Costos.

[00:02:13]>> Yeah, I haven't seen them. Okay.

[00:02:14]>> Do you know if they came in a car?

[00:02:16]cuz I saw them on the floor when they were starting to doing this.

[00:02:20]>> Okay. Amazing enough. I'll get a statement or you guys have an old like digital one online.

[00:02:25]>> I got one online a little bit. I was just writing all the information. This is their ID that they got. It looks like there >> from Canada visit.

[00:02:35]>> Yeah, this is from China. But uh >> in our system, >> I think that's Canada on OM Ontario.

[00:02:43]Ontario >> and do you have so all these they're actually Costco members?

[00:02:48]>> Uh this is the membership that >> Okay. Could you mind bring those out for me so at least I can get a name that I might be able to >> No I know that >> we're already at felony. Is this back door open here?

[00:03:01]>> Does that open here right now?

[00:03:05]>> Yeah. I'll get him on the statement or you have the one type just kind of print out their names for me and we'll go from there. Okay.

[00:03:11]>> You want me to print this out?

[00:03:12]>> Yeah. Print that out for me and get your statement going and we're going to wrap them up.

[00:03:21]>> This I got it.

[00:03:29]>> And did you also witness it at all as well?

[00:03:30]>> Did not.

[00:03:31]>> Okay.

[00:03:36]>> Yeah. I'll just merge and see what we got.

[00:03:39]>> Yeah. Uh well, maybe the state Oh, he has it in the statement, but uh Oh, yeah.

[00:03:46]>> Hi.

[00:03:47]>> How do you pronounce your name, sir?

[00:03:49]>> Dan.

[00:03:50]>> Dan. Okay. My name is Officer Williams with the Linda Police Department. I'm going to start asking you some questions. I have an idea why we're here. So, if you mind sitting down for me and I'll hang out.

[00:04:00]>> Hang out right there.

[00:04:00]>> Can I take my cell phone off?

[00:04:03]>> You keep it on you. It's your cell phone. It's felony item stolen. So, I'm going to ask you a few questions. You can explain how those became in your possession and that there's a good reason. Maybe I can talk to Costco. Does she have one as well from here?

[00:04:16]>> No.

[00:04:16]>> Okay. Is she from here?

[00:04:19]>> Uh, no. She's my ex-wife.

[00:04:21]>> Ex-wife. Okay. Just visiting.

[00:04:23]>> Yeah, exactly. Actually, those of us asked for visiting here. Okay. And uh we're actually uh conducting a a factory in here and build up that factory because we used to have a factory in China. They're trying to after the co and uh because our major market is in the states we're trying to move the factory out of China because I'm from Poland actually.

[00:04:49]>> Okay.

[00:04:50]And uh we suffered two years because of co and >> yeah trying to get everything up and going >> and uh it's just like uh too much sorry too much pressure and >> it's okay take a deep breath man >> just a stupidity we we problem is that we're we we took something which is totally unnecessary for us. Okay. Some butter, some m some fish chips.

[00:05:18]And uh yeah, that's >> a [ __ ] Not problem myself.

[00:05:27]>> Things happen. So, you're saying that's what happened?

[00:05:32]>> I'm still going to Miranda. I'm going to ask you some more questions cuz you just gave me that one of free will. Okay.

[00:05:37]Just very small things. I think you pretty much told me.

[00:05:39]>> I have to say it's my first time alive.

[00:05:42]I never pulled over by police even by driving a car. So I am sorry I'm so nervous and >> No, you're okay. It's okay. We have all this stuff that doesn't make anybody feel home. But what I want to inform you of your rights here United States. Okay.

[00:05:55]I know you just talked to me, but I'm going to ask you for questions after that. Okay.

[00:05:58]>> You have the right to remain silent. Do you understand? You have to say yes or no to me. Go ahead.

[00:06:02]>> Yes.

[00:06:03]>> Okay. Anything you say may be used against you in court. Do you understand?

[00:06:06]You made a mistake.

[00:06:08]>> Do you want to tell me exactly why you took the stuff?

[00:06:13]do it >> cuz unfortunately someone watched you do it.

[00:06:16]>> Otherwise, >> you don't have to tell me, but they've already watched you put in your bags here.

[00:06:23]>> And that's the problem.

[00:06:27]>> Thrill, excitement, just mistake.

[00:06:40]It's a horrible mistake. I mean, >> in the store today with these two bags here, the green bag and the black bag.

[00:06:44]Are those are those your items?

[00:06:46]>> Uh, yeah, both.

[00:06:47]>> Okay. Um, did you purchase items here?

[00:06:50]>> Yes.

[00:06:51]>> Okay. What did you purchase?

[00:06:54]>> Uh, rice, pine, uh, pineapple, and uh, uh, >> but you but she paid for it or did she pay for it?

[00:07:02]>> I didn't take my wallet and she paid for it.

[00:07:04]>> Okay. Okay. So, with your money, she paid for it. Okay. So, you got that. So, while you were paying for it, again, I know you said you make a mistake. Why did you not pay for the items that were in your bags that were concealed?

[00:07:18]>> Yeah, I commit what I did.

[00:07:20]>> Okay.

[00:07:20]>> Yeah.

[00:07:21]>> Okay. And is your wife, does she speak English by chance?

[00:07:25]>> Uh, my ex-wife.

[00:07:26]>> Ex-wife. I'm sorry. I'm sorry. My fault.

[00:07:29]Your ex-wife? Uh uh yeah, she she's not good in English. But uh I >> most people who don't speak English right off the that you learn somewhere else, you guys are a lot better at speaking English than obviously Americans at any other language. So >> I I I I hope she can understand like I don't know 40 50%.

[00:07:46]>> Okay.

[00:07:47]>> Yeah.

[00:07:47]>> Okay.

[00:07:49]>> Unfortunately, like I'm going to tell you, you're going to have to come with us and so is she.

[00:07:53]>> Okay. What about those items that you purchased? Would you like a refund if I can work on them giving your money back?

[00:07:57]Can I just put this in?

[00:08:00]>> Yeah. Into the car? I don't know.

[00:08:02]>> We can help facilitate putting you into your car, but you have to go into a car with me first. You can tell me where is your car located, and we can put those in bags and put it inside your car. Is someone here to come pick your car up?

[00:08:11]>> No.

[00:08:12]>> Okay.

[00:08:13]>> Yeah. Yeah, we can get this.

[00:08:16]>> Okay.

[00:08:16]>> So, do you think you took more of the items or did you guys both take the items?

[00:08:23]>> Um, >> I'm sorry. What's that?

[00:08:26]Did you >> It was me who took it.

[00:08:28]>> Okay.

[00:08:29]>> Yeah.

[00:08:30]>> Okay. Give me one second. Hang out for me. Okay.

[00:08:33]>> I mean the the cost, right? Because >> well if we were calling you guys to come and I was saying, "Wow, we could pay for this orch."

[00:08:43]>> What they say?

[00:08:44]>> They said, "No, no, no. We have a protocol. We have >> Yeah. And that's the thing with this."

[00:08:48]Yeah.

[00:08:49]>> And there I don't know. Is there any chance that if you ask them not to I can ask them. I can ask them on your behalf.

[00:08:57]Not a problem. But if they say no to me, >> it's it's on me. Okay. That's why you ask specifically who took more of the items.

[00:09:05]>> Yeah. I mean, I I didn't have a chance to talk to them. I mean, that's >> Yeah. Once they see you kind of just how I like I said, just sit down and I talk to them first. It's kind of they do a very good job, unfortunately, of watching people take things from here.

[00:09:18]Okay. So I can ask what they want to do if that's an option for you because you know you guys were in a factory this and that but now we have $1,000 worth of stuff and I unfortunately I can't turn a blind eye for a felony. If this was a small number if this was $200 I might be able to see something. If it was $20 maybe but now that we've gone to a,000 bucks and it's it becomes an issue.

[00:09:41]>> I understood. I didn't think that uh this I don't know.

[00:09:47]>> Mhm. Yeah.

[00:09:48]>> He said it's 169 and the mark is so expensive. I was like, "Wow, what?"

[00:09:54]>> Yeah.

[00:09:56]>> Okay. Just give me a second. Okay.

[00:09:58]>> Well, they were working together.

[00:10:00]>> The Supreme Court established in Miranda versus Arizona in 1966 that officers must advise suspects of their constitutional rights before custodial interrogation. This requires two elements: custody and interrogation.

[00:10:14]Custody exists when a reasonable person would not feel free to leave.

[00:10:17]Interrogation includes any questions reasonably likely to elicit incriminating responses. Officer Williams questioned the suspect about how merchandise came into his possession without first providing Miranda warnings. The suspect was detained for felony investigation, seated and surrounded by uniformed officers. Under Burkimer versus McCarti, this clearly constitutes custody. The officer's questions about the theft constitute interrogation. Any statements obtained during this unwarranted questioning are subject to suppression, potentially excluding crucial evidence from trial.

[00:10:49]However, the officer demonstrated exemplary professionalism in other aspects. His search incident to arrest followed proper fourth amendment standards established in United States versus Robinson, which permits full searches following lawful arrests for officer safety and evidence preservation. The officer's cultural sensitivity stands out. Asking how to pronounce the suspect's name and immediately helping when the female suspect requested assistance with her glasses demonstrates that professional law enforcement does not require sacrificing human dignity. Probable cause for the arrest was properly established through witness statements from losserevention staff, physical evidence of merchandise, and value determinations exceeding the felony threshold. Florida Statute Section 901.15 authorizes warrantless arrests when officers have probable cause to believe a felony has been committed. An important but unressed issue involves the suspect's status as foreign nationals. The Vienna Convention on Consular Relations requires officers to inform arrested foreign nationals of their right to contact their consulate.

[00:11:54]No evidence suggests this notification occurred. The suspect's decision to provide extensive statements without counsel represents a critical tactical error. The fifth amendment privilege against self-inccrimination exists precisely to protect individuals in custodial settings regardless of guilt or innocence. Even innocent people should invoke their right to remain silent and request an attorney before answering investigative questions. The men's RIA requirement for theft under Florida law demands proof of intent to permanently deprive the owner of property. The suspect's claim of confusion at selfch checkout, if credible, could negate this required mental state. However, by explaining this defense to police without counsel, he provided prosecutors with a detailed statement that can be scrutinized for inconsistencies against video evidence.

[00:12:41]>> But most of the putting the items inside the the cart, but when I saw them, they already have the wall in the car. So that's when they start.

[00:12:52]Uh, she lived with uh >> So, both.

[00:12:56]>> Okay. I know they have a car out here.

[00:12:58]He wants to put his stuff in here. I'll speak with her.

[00:13:03]>> I got two.

[00:13:05]>> I need you.

[00:13:06]>> I've got to do that.

[00:13:09]>> No, I got one inside. He's already admitted to it. So, I'm going try and talk to her.

[00:13:12]>> No, cuz I got to give you Yeah, never mind. Let me just start with her.

[00:13:17]>> Let me get her. I'll get him.

[00:13:18]>> Oh, she's she's one of them. Yeah, they're both together. Wife, ex-wife, and husband.

[00:13:25]>> Yeah.

[00:13:28]>> All right, sir.

[00:13:29]>> Unfortunately, they said no.

[00:13:31]>> Romeo.

[00:13:31]>> So, you're going to have to come with me along with your wife, too, cuz you guys were both going for Romeo.

[00:13:36]>> So, what's going to happen? You have to stand up for me. Do you have anything in your pocket? Am I going to stick stab me quickly? You don't have to take it out.

[00:13:42]It's okay.

[00:13:44]It's >> right here. Anything else here?

[00:13:47]>> Car key.

[00:13:49]All right.

[00:13:52]>> That being said, my hand right here.

[00:13:57]>> Have this gentleman search you a little bit better than that.

[00:14:12]back.

[00:14:13]>> Uh, those are also our bags.

[00:14:15]>> Yeah, I'll bring the bags.

[00:14:17]>> I'll bring the bag. Oh, you want to put those in your You want to put those in your car?

[00:14:20]>> Uh, yeah.

[00:14:21]>> Can they leave the car parked in your parking lot? Is that okay, sir?

[00:14:26]>> Oh, what was that? Sorry.

[00:14:26]>> Can they leave the car parked in the parking lot?

[00:14:28]>> Yeah.

[00:14:28]>> Okay. Put it all in.

[00:14:31]>> No, come back in for the saving.

[00:14:44]Oh, [ __ ] >> Yeah, it's unfortunate. Remember I asked about they had a back door.

[00:14:49]Unfortunately, we have to walk out like this.

[00:14:58]>> Excuse me, sir. Thank you.

[00:15:08]Why do I have to continue?

[00:15:10]>> What? What do I have to >> You're going to go to the jail that's right around the corner from here. I'm going to enter in your affidavit. You'll be able to get bonded out with a certain amount. I'll tell you what that is. The only thing it's probably going to take is that me. I'm just typing stuff. Okay.

[00:15:24]For you and your ex-wife.

[00:15:27]>> And we have the book of work.

[00:15:30]>> Eventually, you will.

[00:15:32]This prime actually has a bond amount, which is easier.

[00:15:37]>> Excuse me, guys.

[00:15:38]>> Officer Williams receives a B+. He demonstrated exceptional courtesy, clear communication, and appropriate tactical judgment throughout. His decision to allow suspects to secure their property in their vehicle, and his patient explanations of booking procedures reflect community oriented policing at its best. His searches were thorough yet professional and no force beyond necessary control was used. However, the failure to provide Miranda warnings before custodial interrogation constitutes a clear constitutional violation that could result in suppression of statements. This is not a technical formality, but a fundamental protection against compelled self-inccrimination. The proper procedure requires immediate Miranda advisement upon initial contact with a detained suspect, followed by a knowing and voluntary waiver before any questioning proceeds. This error significantly diminishes an otherwise excellent performance. The suspect Dan receives a C. While he cooperated fully during the arrest, maintained composure under stress, and treated officers respectfully, his alleged commission of retail theft and decision to provide extensive statements without legal counsel demonstrate poor judgment. His cooperation during handcuffing and transport prevented escalation and reflects positively on his conduct once confronted by law enforcement. However, providing a detailed narrative about business activities and the alleged theft without first consulting an attorney placed him at significant legal risk. If his explanation proves inconsistent with surveillance video, prosecutors can use these statements to impeach his credibility. The correct response when arrested is to politely decline questions, request an attorney, and allow counsel to evaluate whether providing a statement serves your legal interests.

[00:17:20]>> Thank you. It's all right.

[00:17:23]Excuse me. Thanks, sir.

[00:17:32]So, go to the right here. Did you say the white beetle? Where is it parked at?

[00:17:35]>> Uh, I think so. Over there.

[00:17:38]>> This way.

[00:17:39]>> Uh, uh, on the left.

[00:17:43]>> So, yeah. Okay, we'll figure it out.

[00:17:52]Man, you want to transport one? I know they're the same crime, but they're male and female.

[00:17:59]>> On the same car, can't they? Yeah, they both.

[00:18:01]>> Yeah, they're both adults.

[00:18:03]>> I mean, I can.

[00:18:04]>> No, no, no, no, no. I just thought proced. Yeah.

[00:18:16]>> I trust you.

[00:18:20]We're going to go that way. Keep going forward. Keep going forward. Okay. So, again, face to your left here. Feet spread apart. One more time.

[00:18:27]>> Keep apart like this. One more time.

[00:18:30]>> Just your belt. Nothing else.

[00:18:33]>> All right.

[00:18:35]Ready, set, go.

[00:18:37]>> He said to the left here.

[00:18:40]>> You step.

[00:18:42]I'm going to put your seat belt on you.

[00:18:44]>> Bottom first is a little easier.

[00:18:47]I'll put the air on for you. Okay.

[00:18:52]>> Is there anything else inside your bag?

[00:18:53]Your wallet and stuff inside that bag or do you want that with you?

[00:18:57]>> Uh, no. I don't think so.

[00:18:58]>> Okay. Where's your wallet?

[00:19:00]>> I want my home.

[00:19:01]>> Back on your home. Okay. All right.

[00:19:03]Thank you.

[00:19:04]>> Let's examine the constitutional framework. This case offers critical lessons for both law enforcement and citizens. For officers, constitutional compliance is not optional. Miranda warnings must precede custodial interrogation regardless of tone or setting. A conversational approach does not cure the constitutional deficiency.

[00:19:23]For citizens, exercising fifth amendment rights is not an admission of guilt. It is a constitutional protection that prevents self-inccrimination and ensures legal counsel can properly advise you before you make potentially irreversible statements to law enforcement. Foreign nationals arrested in the United States have identical constitutional protections as citizens, plus additional rights under international treaty to consular notification. Officers must be trained on these requirements to avoid both constitutional violations and diplomatic complications. The distinction between professional demeanor and constitutional compliance is crucial. An officer can be courteous, respectful, and culturally sensitive while still violating the fifth amendment. Conversely, proper Miranda adisement does not require harsh treatment or intimidation. These constitutional protections exist in harmony with professional policing, not in opposition to it. The goal is both lawful and humane law enforcement. 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 and don't forget to subscribe to our channel for more content on police court interactions.