On October 3, 2024, at approximately 4:15 PM, Marcus Webb (age 32, freelance software contractor) entered Target Store #1842 in San Jose, California. Store loss-prevention officer Dana Reyes observed Webb place two Anker USB-C charging hubs ($89.99 each) and one Logitech MX Master 3S mouse ($159.99) into his backpack while browsing the electronics aisle. Webb walked past all checkout registers and exited through the main entrance. Reyes stopped him on the sidewalk — a lawful merchant detention under California Penal Code §490.5. Total retail value of concealed items: $339.97, exceeding California's petty theft threshold of $50 and below the felony threshold of $950 (Cal. Penal Code §487). Webb was calm and immediately showed Reyes his phone, claiming he had "already ordered these exact items on Amazon." Police arrived and arrested Webb. At the station, Webb's Amazon account showed an order for the same three items — placed at 4:26 PM, eleven minutes after Reyes stopped him at 4:15 PM.
In-store CCTV footage (aisle camera)
Camera covers the electronics aisle with a 23-second blind spot between 4:12:44 PM and 4:13:07 PM (obstructed by a display endcap). At 4:13:08 PM Webb is visible walking away from the aisle with his backpack visibly fuller. He passes all 14 checkout registers without stopping and exits at 4:15:02 PM. Defense notes: the blind spot prevents direct visual confirmation of the concealment act. Prosecution notes: the bag's visible change in profile before and after the blind spot is circumstantial evidence.
Amazon order record (People's Exhibit 2)
Webb's Amazon account (email: mwebb.dev@gmail.com) shows Order #114-8823901-4471263 placed on October 3, 2024, at 4:26:11 PM PST — for Anker USB-C Hub (×2, $89.99 each) and Logitech MX Master 3S (×1, $159.99). Timestamp is 11 minutes and 9 seconds after loss-prevention officer Reyes initiated the stop at 4:15:02 PM. Defense argues Webb may have had a draft order or was confirming the purchase. Prosecution argues the post-stop timestamp is direct evidence of fabrication.
Recovered merchandise and receipt check
Items recovered from Webb's backpack: Anker USB-C Hub (×2, sealed, SKU 889076332), Logitech MX Master 3S (×1, sealed, SKU 097855161537). Store POS system confirms no transaction by Webb on October 3. Webb's credit card and Apple Pay transaction logs show no Target purchase that day.
Loss-prevention officer's incident report
Officer Dana Reyes (6 years experience, 200+ detentions) documented: observed Webb select items at 4:11 PM; watched him open his backpack and place items inside at approximately 4:13 PM (during the partial blind-spot window); followed from a distance as Webb bypassed registers; initiated sidewalk stop at 4:15:02 PM. Reyes states Webb immediately said "I ordered these on Amazon — let me show you" and accessed his phone. Defense notes Reyes did not have a direct unobstructed view during the alleged concealment moment.
Webb's prior criminal record
2014: Misdemeanor shoplifting charge (Santa Clara County) — completed pretrial diversion, charges dismissed. No conviction on record. Prosecution seeks to admit under FRE 404(b)(2) as evidence of intent, knowledge, or absence of mistake. Defense argues: (1) the charge was dismissed — no conviction; (2) a 10-year-old incident is too remote and more prejudicial than probative under FRE 403; (3) Webb's claimed explanation here is entirely different from a typical shoplifting pattern.
Dana Reyes (Target Loss-Prevention Officer, prosecution witness)
Target loss-prevention officer for 6 years, San Jose Store #1842; conducted approximately 200 detentions; was watching Webb via live CCTV from the LP office and then in person
I watched him on camera pick up the items and open his bag — I could see him loading things in even though the angle wasn't perfect. He walked right past every register. When I stopped him outside he didn't seem surprised. He went straight to his phone and said he bought them on Amazon. That order wasn't there when I checked his phone — he placed it while we were standing there.
Tyler Ng (fellow shopper, defense witness)
Customer in the electronics aisle at the time; not acquainted with Webb prior to the incident
The guy had his backpack open the whole time and kept pulling stuff out and comparing it — like he was matching things to something on his phone. I thought he was one of those people who comes in to check items before buying online. He didn't look sneaky at all. I didn't see him put anything in the bag permanently — he kept taking things in and out.
Dr. Patricia Harmon (digital forensics expert, defense witness)
Certified digital forensics examiner; 15 years experience; retained by defense to analyze the Amazon order timestamp
The Amazon order timestamp of 4:26 PM reflects server-recorded time, but Amazon's mobile app pre-populates cart data — items can sit in a cart for days before the final "place order" tap. If Mr. Webb had added these items to his cart earlier and had the checkout screen open, placing the order would take a single tap. The 11-minute gap tells us when he tapped "buy" — it does not tell us when he decided to buy.
Supermarket Theft — San Jose, CA
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