Caught Passing a Forged Check at a Car Dealership | Legal Analysis BodyCam

Added: 2026-05-26

[00:00:00]that >> are the black Tesla out front. Are you guys Is that your ride?

[00:00:07]>> Yeah, >> that's mine.

[00:00:08]>> Yeah.

[00:00:09]>> 56104 is the ride.

[00:00:11]>> All right. So, what's going on today?

[00:00:14]>> You guys are trying to purchase something.

[00:00:18]>> Okay. So, what are you guys trying to purchase?

[00:00:20]>> What? To purchase something.

[00:00:23]>> Okay. So, what exactly is happening with the contract?

[00:00:25]>> I guess there's a problem with the check. It's >> so I'm just going to be very straight up and honestly honesty goes a long way.

[00:00:32]The check's bad. So what's the deal with the with the with checks and going on and stuff like that?

[00:00:37]>> What do you mean?

[00:00:39]>> The checks the checks used to purchase said vehicle are bad. And there's another check brought in that is also bad.

[00:00:46]>> To purchase this vehicle.

[00:00:47]>> Yeah, they come from my account.

[00:00:48]>> Okay. Can I see?

[00:00:49]>> Do you have the check?

[00:00:50]>> Do you have And it's a First Horizon. So who is what is First Horizon to you guys? Is that right?

[00:00:57]>> Right.

[00:00:58]>> All right.

[00:00:58]>> And who's the account holder for it?

[00:01:01]>> Joseph. Use your account holder for that account.

[00:01:03]>> That's you.

[00:01:04]>> Yeah.

[00:01:04]>> Can I see your ID, please? So, in order to sign paperwork, you're going to need some type of ID.

[00:01:07]>> We already signed. We already did this.

[00:01:11]Like this. The bank already >> about six times.

[00:01:14]>> It was already done. Like we we're only collecting another thing.

[00:01:18]>> Everything that's been done. Do you have all the papers and stuff?

[00:01:20]>> Yeah, >> man. Is your name Irene?

[00:01:23]>> Irene?

[00:01:24]>> Yeah. Name? No. regarding everything.

[00:01:26]Okay. So they again so they from my frankly from our conversation basically everything everything went through but now it's just waiting on is this is like a down payment for the complete payment of the car.

[00:01:39]>> Yeah. So the initial down payment which was $9,500 they've given us already two back checks.

[00:01:44]>> Okay. I've made a statement from whoever was involved around. We're not going to ask any questions from you. Um they they've already wrote me two bad checks and now they brought me a third check which we can't verify as well. So all these checks um I called their lender today to see if they could verify that check. She says they have no indication of that check that it's it's it's basically it's fraudulent.

[00:02:09]>> Okay.

[00:02:09]>> So uh we also ran her records of course and I noticed that she had a prior to this type of stuff.

[00:02:14]>> Oh. So so this is over the the down payment of the actual >> Yeah. So the actual contract itself I mean everything's it's a funable contract. We have a real approval with the bank.

[00:02:24]>> It's a consistent down payment for >> the whole initial down >> in order for make the deal to be complete.

[00:02:29]>> Correct.

[00:02:30]>> $9,500.

[00:02:32]Which we've already tried them to get multiple. I said, "Can you just bring me cash?" She goes, "I can't do that. It's got to be a cashier's check. Why cashier's check? Use cash. Just go to your bank and pull the money out."

[00:02:41]>> She goes, "Oh, they won't let me do. I have to wait 24 hours."

[00:02:43]>> And this is all within today.

[00:02:44]>> Today? Literally? Yeah. Within within today.

[00:02:47]>> Okay. On June 5th, 2025, Florida deputies arrived at a car dealership following a complaint that a buyer had presented multiple forged instruments.

[00:02:56]Three checks were submitted for a $9,500 down payment. None of them cleared. The arrest that followed raises three distinct constitutional issues. Miranda compliance, interrogation, voluntariness, and the legal accuracy of the charge itself.

[00:03:11]>> All right, we're going to we're going to speak to you guys individually. So, if one of you guys want to come with me, we'll speak to you guys individually.

[00:03:16]The reason why we're here is because there's a deal with going on with a car from my knowledge. Okay. And then with said knowledge of the vehicle, there was, you know, for a down payment of $9,500.

[00:03:33]>> Um, I guess two checks were brought in and they weren't good. And then another check was brought in and then contact which again didn't wasn't good either.

[00:03:44]they contacted the lender and the lender has no record of that check ever being cashed or being created any knowledge of it whatsoever. So that's what we we have we have an issue here when it comes to the check. So what's what's going on with the checks?

[00:03:57]>> Okay, so we've been trying to buy this car for probably about a month and a half, right? Okay.

[00:04:02]>> 3 weeks after they got they were trying to get approval 3 weeks after they called me like, "Hey, you know, we're good to go. You guys can come and you know, you'll have you'll have the deal, whatever. You guys can move forward with uh like picking up the car." Okay, >> sure, no problem. You know, originally it was a $7,000 down payment. We come here. Um, then they're like, "Oh, the down payment is going to be $9,500 or something like that because we're going to wave something yada yada." That was about 2 weeks ago or something like that. I asked them, "How can I make the payment, you know, for the down payment?" I said, "I can bring you a business check like what what can I make it?" And then I even asked I said, "Uh, this was on a Friday or Saturday or something like that." So, the bank was closed. So, um bring the check and um they call me on Wednesday and they say that the check returned uh the funds weren't available or something like that. So, I go back you know.

[00:04:57]>> So, when were you notified of that?

[00:04:58]>> That was um when I grabbed my phone >> if the best of your knowledge >> the best of your knowledge.

[00:05:06]>> Um >> so the first time they checked in go through when what day was that?

[00:05:11]th Thursday of the follow of last week or something like that.

[00:05:14]>> Last Thursday. Okay.

[00:05:15]>> Yeah. So then um that's when the check didn't didn't go through. Um and so then uh I came in. They asked me to give him a Oh, no.

[00:05:28]I was here. So with the whole situation that it was two checks and stuff like that, I had given him the wrong I had given them the wrong check. the original check for the original deal before they had asked me to go to get the um to go you know that the that the increase of the down payment was from $7,000. So I had originally given them when we were here we had two checks the one for $7,000 and the one for 95. I given him the wrong check. So I came back and I brought him the correct check with the original down payment amount of >> Okay. And that and that was on Thursday.

[00:05:56]>> That was on Thursday.

[00:05:57]>> So you brought two checks.

[00:05:58]>> Yeah. So >> and what was the lender for the checks?

[00:06:02]>> What was the what was the bank used for the checks? First Horizon. That's with our our bank. This is the same bank that we've our account with First Horizon.

[00:06:12]>> So, um, >> not a problem. He calls me today. Well, he calls Joe today. And Joe texts me and says, you know, emergency call. I said, okay, no problem. So, I call >> Who's Joe?

[00:06:24]>> Uh, the the gentleman that's right next to me. Uh, my he is my partner, my son's my son's dad.

[00:06:31]>> Okay. So, which his name is who? The account that's in >> Is it Is it like a um >> It's his account.

[00:06:37]>> Oh, it's his account. So, it's it's a loan that's going to him.

[00:06:40]>> No, no, no. So, the vehicle is for both of us. The we both signed the the for the vehicle.

[00:06:44]>> Oh, your co-signers?

[00:06:45]>> Yeah, we both signed for the vehicle, but the bank where the funds are coming from is his bank, >> you know. It's his it's his main account. That's the account where the check is written out of.

[00:06:54]>> So, he calls me, tells him that mayor called him and told him that there was an issue with the check. Um, I come here immediately to try to address it, to try to figure out what's going on. I I call the bank. The bank obviously tells me like, you know, that the payment returned or whatever or not, that they can uh put a stop payment to the check or something like that and that they can and then the funds would be back in my account the next day >> within 24 to 48 hours. They could cuz when you when you get like a draft, a printed draft, they take the funds out to put them into the check or something like that. I'm not sure. So, I came here with them and I said, "Listen, what do you want me to do?" I said, "Do you want me to >> go to the bank and get you another check from the bank or do you want me to um give you I said I, you know, give you the funds that I have on another account and then come in the morning with the remaining balance." And then he was the one that said, "No, I'll send you to the bank with your uh I'll send you to the bank with somebody." So, one of his salesperson took me to the bank, went to the bank, came back, and that's the check that I gave him. And then he was just telling me like that he already called and he cleared, everything was good. Not a problem. Have Joe come cuz we have to resign the buyer's order. And that's it.

[00:08:09]And then you guys walked in when we were about to do that.

[00:08:12]>> Okay. Okay. They haven't that the last check that I brought him, they don't know if it cleared or not or anything because he told me that he had called to verify and that you know on his end it was fine but he still had to take it to the bank and try to get it cashed and whatever. No.

[00:08:26]>> So as of right now you have tried to clear two checks with this company.

[00:08:30]>> As of right now I've Yeah. One check in the return. So I gave them this is the the the check that returned says the funds weren't available and this is the >> and that check was for that was the check for 9500.

[00:08:42]>> Yeah. Yeah, it's only one check for 9,500. That is the deposit. That is the down payment.

[00:08:46]>> And so then the other thing is I that was the down payment. The company that I guess financed the the vehicle, which was American Credit uh acceptance, they I called them this morning to find out if they already paid them and they issued funding and they told me that they had the only thing that they were missing from them was some paperwork, but that it was already in funding. And so that they received the additional difference of the funds which was the 20,000 and some change.

[00:09:15]>> All right.

[00:09:15]>> So yeah, I had no idea. I gave him the option of what do you want me to do? Do you They even took me themselves to the bank. He was like, "Oh, just take your Uber, you know, we'll drive you there or something like that." And he had one of the gentlemen drive me to the bank.

[00:09:29]>> Okay.

[00:09:30]>> And >> And what did you do at the bank?

[00:09:33]>> Huh?

[00:09:33]>> What did you do at the bank? The >> check.

[00:09:35]>> Okay. Which check did you get from >> the one that I gave him that he told me that he hasn't cashed or anything because he hasn't he's not able to cash it or whatever? No.

[00:09:42]>> And this is the check that you handed to me.

[00:09:44]>> Yes.

[00:09:45]>> Okay.

[00:09:45]>> The check that I >> Do you know what what check number that was that they gave me?

[00:09:49]>> It starts with a nine, I believe.

[00:09:51]>> Okay. So, you said you have the bank statements. Normally, if you look at the bank statements, it'll tell you what check number they wrote wrote out. Is there a way for you to get into that?

[00:09:58]Um, well, the bank statement is going to give you the bank statements that's already been released. You mean the account itself? Like, >> so when you purchase a buyer's check, it tells you the check number that they're issuing, >> but no, so it's not it's a business account. So, what they do is they it's a draft check. They print us the checks the bank number.

[00:10:35]And all of this is coming from your account.

[00:10:37]>> It's his account. It's Joe's.

[00:10:39]>> Are you on his account at all?

[00:10:40]>> Are you like an authorized user? Do you have do you guys are you able to access the funds from his account?

[00:10:44]>> I'm in the business. Yeah, I'm in the business part of the business account.

[00:10:47]Yes. Okay.

[00:10:50]>> But the he's the main signer on the account. I'm just an authorized person on the account.

[00:10:58]And each each one of these checks you physically got from the bank.

[00:11:02]>> No. Um only one of them. The first two we use our system to print our draft checks out.

[00:11:09]>> What's >> QuickBooks, which is what we use?

[00:11:10]>> Use Quickbooks.

[00:11:14]>> Florida statute section 83102.

[00:11:17]Uttering a forged instrument requires knowingly passing a forged or counterfeit instrument with specific intent to defraud. This charge is legally distinct from Florida's worthless check statute, which addresses checks written against temporarily insufficient funds. The distinction determines both the severity and the elements of the offense. A document the issuing bank has no record of creating is not merely dishonored. It lacks authenticity. That is the operative legal line. Here, the dealership's lender and the subject's own bank both independently confirmed that the third check was never processed and had no record of legitimate issuance. Two corroborating sources support the forged instrument charge over the lessers alternative.

[00:11:58]>> Let me see that account.

[00:12:00]>> Oh, he's going to have to uh open the account. I can't um spell.

[00:12:11]So, have you at any point contacted the bank directly? The the Did you ever think to contact, you know, the your actual bank um regarding the reason why the checks aren't going through? Have you contacted them?

[00:12:24]>> This morning, that's when I found out about it returning today. That's when I reached out to them. I asked them about why the check didn't >> um like why the check didn't clear, whatever is going on cuz they had told me that it didn't clear because of sufficient funds.

[00:12:38]>> So, I asked them, do you have other deposit? you know, we had a deposit thing coming into the account. So, I asked them and so that's when they told me like, you know, the funds would be in the account within 24 to 48 hours or something like that. So, to tell them that if they wanted the the funds in cash, you know, like if they wanted cash, I would have to bring it to them tomorrow, I could give them some funds today and the remaining tomorrow.

[00:12:58]>> So, the check was written the check was written prior to funds being available.

[00:13:01]>> Correct. The first check. Yes.

[00:13:03]>> Okay.

[00:13:04]>> And they were aware of that. And this is and this is from the the and the influx or of money. That's from the business side of it, right?

[00:13:11]>> Correct. Yes.

[00:13:11]>> Okay.

[00:13:12]>> All right. And >> but as of right now, I mean, as of what I knew today was, hey, you know, the check didn't the check didn't clear. The check didn't there was not funds or something. We couldn't verify it. Either bring us the funds or, you know, we'll take you to the bank to get to get the check to get another check. So that's what they decided. He drove me to the bank. I went to the bank. That was that.

[00:13:38]Um I I gave him the option of giving him, you know, some cash today and the remaining of it in the morning. And there was a lot of back and forth. Some people were saying yes, other people were saying no. He told me you're good.

[00:13:49]Then he said, you know, you're not good.

[00:13:51]So I really don't. And before you guys got here, >> we were about to sign something. He told me that he had given it to his accounting team or something and he had already called and verified something.

[00:14:03]So, so at the bank when you physically went there to get the check, they never gave you an issue when it came to getting the check or obtaining it with, you know, being now you finding out that there was no availability of funds. They never gave you an issue with that.

[00:14:16]>> They had pending deposits that were coming into the account. That's why they said, you know, within 24 to 48 hours.

[00:14:20]And I asked them and they said, "No, you know, we deposited takes a couple days to clear."

[00:14:24]>> And and which bank did you physically go in person to?

[00:14:27]>> The one today or the one >> the one the one today?

[00:14:29]>> Um, >> which one did you go in person to? So they took you to a first location?

[00:14:33]>> Yes, they took they themselves took me in the BMW blue BMW. The guy drove me there.

[00:14:40]>> Okay. Is that your son?

[00:14:42]>> That's your son?

[00:14:43]>> Yes.

[00:14:43]>> Have you ever arrested before?

[00:14:45]>> Huh?

[00:14:45]>> You ever arrested? I turned myself in one time before >> um in Port Charlotte.

[00:14:50]>> Uh for uh >> I mean they're going to tell me.

[00:14:53]>> Yeah, of course. No, it's uh I have an it's a insurance fraud >> and um it was a job that we did in Port Charlotte. It's currently outstanding.

[00:15:03]Um it's an issue with the uh dispute between me and the customer as far as the work that was done and whatever not.

[00:15:11]Um >> what type of work is it?

[00:15:13]>> We do water damage, mold, and uh construction. So, as of the as of right now, I have a court case a court date next month. And it is my understanding that um the case is going to get dismissed because I provided them with all documentation of the work that we did do.

[00:15:31]>> What was your first name?

[00:15:32]>> Gertie.

[00:15:33]>> G. Gertie.

[00:15:34]>> Gertie. Gertie. I'm >> sorry. They talking in my ear. This >> No, you're fine.

[00:15:37]>> Gertie.

[00:15:42]>> You have a son?

[00:15:43]>> Yes.

[00:15:44]I've been doing this 23 years.

[00:15:46]>> Okay.

[00:15:47]>> Okay. You can see the other guy that's standing there. We don't even do this.

[00:15:50]We just happen to be a married elbow.

[00:15:52]>> Okay.

[00:15:52]>> Right. You being truthful is going to go a long way cuz they're going to pull everything.

[00:15:57]>> Yeah.

[00:15:58]>> They already have everything.

[00:16:00]Everything we have right now is showing fraudulent activity.

[00:16:04]>> Okay.

[00:16:04]>> Right. So, we have choices of what to do. Right.

[00:16:09]>> DCF can get involved. all these other problems because you have a child that's here.

[00:16:14]>> Okay.

[00:16:14]>> My suggestion would be to be truthful and honest exactly what you were doing and we can determine what leniency we have if we're going to charge you. Does that make sense?

[00:16:27]>> I understand.

[00:16:28]>> Okay.

[00:16:29]>> No Miranda adisement appears anywhere in this 22-minute recording. That absence is the most consequential legal event in this footage under Miranda v. Arizona 1966. Law enforcement must advise suspects off their right to remain silent and their right to counsel before conducting a custodial interrogation.

[00:16:47]The custodial threshold clarified in Burkimer. V. Mccardi 1984 is objective.

[00:16:52]Would a reasonable person in the subject's position have believed herself free to terminate the encounter and leave? The subject was separated from her partner, retained at a location she did not freely choose, and questioned directly about criminal exposure for approximately 19 minutes. That sequence satisfies the custody test. The statements produced include a direct admission that the first check was submitted with no alleged that the funds were not yet available in the account.

[00:17:18]Defense council will move to suppress every statement in this recording. If that motion succeeds, the prosecution loses its most significant evidentiary foundation. The outcome of that suppression hearing, not the arrest itself, will likely determine whether this case ever reaches a jury. two statements by the primary deputy requires separate analysis under fifth amendment voluntariness doctrine independent of the Miranda question.

[00:17:42]First, the deputy told the subject that DCF, Florida's Department of Children and Families could become involved because her child was present. Second, he offered to determine what leniency was available in exchange for her cooperation before any charges had been formally filed. Calm delivery does not neutralize coercive content. Colorado v.

[00:18:00]Connelly 1986 establishes that the voluntariness inquiry focuses on whether police conduct overbore the suspect's will to resist threatening the loss of parental custody as a lever during interrogationist among the most coercive tactics available to law enforcement. If a court finds the admissions involuntary, they are excluded independent of any ruling on Miranda.

[00:18:21]>> Right now, you're in a bad spot. your boyfriend or fiance or I I don't know if you got >> it's a child's father.

[00:18:27]>> Child's father.

[00:18:29]>> Both in a bad spot and you got a child.

[00:18:30]I have four children.

[00:18:32]>> Okay.

[00:18:32]>> One is young, a little older than him and one lot probably almost your age.

[00:18:35]Okay.

[00:18:37]>> Let's start over. What was the deal?

[00:18:41]>> Honestly, this >> What was the deal?

[00:18:44]>> You provided them a check. Okay.

[00:18:46]>> For for them to >> Did you know that the funds weren't available in the check?

[00:18:49]>> No. The account is not under my it's not under my name. So it's his account. We have funds. We had funds pending. Yes.

[00:18:56]His account.

[00:18:57]>> So the account was under his name.

[00:18:58]>> Correct. And there's >> And you knew that the funds weren't available.

[00:19:01]>> So we had when we originally turned in the check to them on Saturday. We knew the funds weren't available. They told me they were going to hold a check for a couple days. I asked them, "Can I pay you with a business check?" And they told me, "Hey, the funds are going to, you know, the check's going to be deposited on Monday."

[00:19:16]>> Okay.

[00:19:16]>> Or something like that.

[00:19:17]>> And you brought another check. And so yeah, then they called me and said, "Bring me, you know, bring me another check."

[00:19:21]>> Like that check. Was the funds available?

[00:19:23]>> Huh?

[00:19:23]>> Was the funds available >> when I brought in that check? Yes. The >> cash that check?

[00:19:27]>> Yeah. They c that's the check that we're supposed to cash and then they called me today and they said that they couldn't cash it because it couldn't recognize it or something like that. And that's when they said go to the bank. The check was like there was soda spilled on it or something and said >> so they couldn't recognize the numbers on it. Is that what they're >> that's what they're saying on their end that they're that it said? I don't know how true that is. When I called the bank, the bank told me that the check was never even attempted to be ran through. So that's when they said, >> "So where did you get the second check?"

[00:19:58]>> Huh?

[00:19:58]>> Where did you get that second check from?

[00:20:00]>> From the bank. So we the first check we we print our checks. We use Quickbooks to print our check from our business account. And we have multiple accounts.

[00:20:07]We have uh First Horizon. We have Sophie, we have multiple accounts. So we use QuickBooks. Whenever we're going to pay a vendor, we have we print out the check. So that's where that came from. I they p I gave them the option to me like I said, you know, because they were like, you know, we're not going to best avoid the whole check thing because obviously it takes them a few days for them to know the check cleared or whatever. No, >> he said I said I can bring you some cash.

[00:20:38]>> You know what do you want to do? Do you want me to bring you some cash?

[00:20:43]and you know I'll bring some cash today and the remaining tomorrow when the rest of the funds clear but what do you want to do and he was like oh you know the the the tall gentleman and he said it's cool yeah I'm good with you know with doing that that's what he said originally so I said okay let's do that then he came back to me and he said um no I think we're good um I think you're fine don't leave when I was about to leave he said I think you're fine don't leave me go talk to the I guess the GM the general manager manager that's there. So, he went there and then he sat right here in this desk with me and said, "Hey, you know, this is the situation, you know, um I'm out of $9,500 right now cuz the check hasn't cleared, but you know, how do you want to handle that?" He's like, "I can hold the vehicle for 24 hours, you know, till tomorrow till you guys get the fund. you can bring it to me.

[00:21:33]>> Uhhuh.

[00:21:34]>> Or he says, "Or I can send you to the bank with, you know, I can send you with this person to the bank and you could go to the bank and whatever and try to get, you know, get another check."

[00:21:43]>> And so then you >> want to go talk to them and see what they say. Are you on probation or parole or anything?

[00:21:46]>> No.

[00:21:48]>> And so then that's what I did. And so the last thing that was said was like, "Hey, have Joe come here >> to try to, you know, >> okay, >> sign everything. We're missing the buyer's order and everything like that."

[00:22:00]I even said to him, "Do you want me to bring the vehicle? What do you want me to do?" He said, "No, don't worry about the vehicle." He's like, "You just need to sign the buyer's order and then you're good to go. You're done."

[00:22:09]>> Okay.

[00:22:09]>> And then you guys just boom, chill in.

[00:22:12]>> Okay.

[00:22:13]>> I mean, I was sitting there playing around. Like, I'm not trying to take anybody's money. I want the car, you know? I want to drive the car. The car is at my house. Like, I'm not trying to steal the car from them.

[00:22:21]>> No, listen. We're not throwing those words out. So my my my thing is and what what something that is confusing me is so you told me that you're unauthorized you're an authorized access of the account for the business. Correct.

[00:22:33]>> Correct.

[00:22:34]>> So but yet so what what is >> you have on the floor at Walmart? Right.

[00:22:38]>> What is what is that access entail? Like are you just able to get in and see hey this how much money is here or like did you not previously look into it prior to doing this or you kind of were just trying taking your your his uh father's word for it? No, we were we had pending the pending deposits coming into the bank account. So, I could see the the bank account and the balance that's on the bank account and whatever. Not I mean there's only certain things that I could do that I'm accessible to do.

[00:23:05]That's why I mean we have everything is connected to QuickBooks. That's how we print our checks. It uses a system called online check something. It verifies the account everything. I mean it's our it's his account. It's our account. It's not like some random person's account. It's not.

[00:23:20]>> Yeah, >> it's our bank account.

[00:23:22]>> Okay.

[00:23:23]>> Uh ju Let me just verify what they if they need anything else. Just one second.

[00:23:28]>> You got nothing on it.

[00:23:29]>> Yes.

[00:23:30]>> Working back backwards like I said.

[00:23:31]>> Yes. That's what he just said.

[00:23:32]>> Chad and I agreed to let him go to this kid.

[00:23:34]>> Take her now because >> correct. That's what me and Andy just had a whole conversation on.

[00:23:40]He's willing to tell us. I got her since we know she needed it. So I'm going to get her for the uttering and then regret that. But here's the issue. I'm missing.

[00:23:45]Can we talk to him about >> you? Just turn yourself in front.

[00:23:50]>> We need to see if they can where the car is cuz now we have to make >> somebody walk away.

[00:23:54]>> Let me figure out where it is or whatever.

[00:23:57]>> Female. Why don't we talk to her?

[00:23:59]>> So if somebody wants to see that, I'm going to grab all the 43 from the house.

[00:24:03]>> Let me find Chung's inside there with her. No, >> stand by just in case something happens and we got to run in there. Okay.

[00:24:16]All right, just stand by it. Okay.

[00:24:19]>> Is that all your stuff, ma'am?

[00:24:20]>> This is just one.

[00:24:20]>> What's your name? Gertie. Gertie.

[00:24:22]>> My name's Eric. Okay. Give me all your stuff.

[00:24:24]>> All right.

[00:24:27]>> Take off your Take off your bracelet before the anything else goes on.

[00:24:32]>> Anything in your pockets, Grady?

[00:24:33]>> Yes.

[00:24:34]>> What do you got?

[00:24:35]>> Just my keys.

[00:24:36]>> Just your keys.

[00:24:37]>> All right. Switch. Let them pray.

[00:24:39]>> Pray. Put your hands together.

[00:24:40]>> Put your hands together backwards. Okay.

[00:24:42]>> Other way. There you go.

[00:24:43]>> Other way. Other way.

[00:24:45]>> You want them too?

[00:24:46]>> Yes.

[00:24:53]>> 104. We have a black female team reflect actually be a signal 18.

[00:25:10]>> It's really really tight. Um, >> cer wait. Just give her a second.

[00:25:16]>> The primary deputy receives a C++.

[00:25:19]Separating subjects for independent interviews was tactically sound.

[00:25:23]Releasing the co-signer with the minor child before the arrest reflects appropriate procedural thinking.

[00:25:28]However, conducting a 19-minute interrogation without Miranda advisement in circumstances that satisfy the objective custody test is a material procedural failure. Layering a DCF reference and a pre-charge leniency offer on top of that failure creates compounding constitutional exposure that will outlast the arrest at every stage of prosecution. Gertie May receives a D.

[00:25:49]Her admission that the first check was submitted with known insufficient funds is the most damaging moment in this recording and it was entirely self-produced. The fifth amendment right to remain silent exists for precisely this situation. speaking at length without invoking that right without requesting counsel handed prosecutors a record they could not have built from documents alone. Cooperation without counsel in an active felony investigation is almost always a liability regardless of underlying innocence. Three takeaways from this encounter for officers. Miranda is not a formality that protects suspects. It protects the prosecution. Leniency offers and child welfare references carry constitutional consequences that will follow the case into every pre-trial hearing. for citizens invoking the right to remain silent and requesting counselor not admissions of guilt. They are the legally correct response to any law enforcement questioning about potential criminal conduct. For prosecutors, a case built on unmandized admissions obtained through coercive interrogation pressure may not survive the pre-trial stage regardless of how compelling the underlying evidence appears. Let us know if there is an interaction or legal topic would like us to discuss in the comments below. Thank you for watching.