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- 2026-10-22 23:10
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I have his ID in my hand like this and I turn, I look cuz my supervisor said something and he reached out and snatches his ID. I'm like, "Whoa, hey, hold on, man." He's like, "What? It's my ID, isn't it?" And turns and walks all the way out. >> Deputy Kelly, I was just coming to talk to you about that uh incident with your ID. >> Okay. Uh I had gave it to my brother who's right here. On March 15th, 2024, Milwaukee County Sheriff deputies were dispatched to General Mitchell International Airport after a man presented a fraudulent identification document to TSA agents and then fled the security checkpoint before officers could detain him. >> Magnifying camera and the ID is totally bogus. Every square inch of this thing is pixelated under the camera. So, I'm like, this is fake. So, I call my boss up. He happens to be off the checkpoint at the time. So, the guy starts getting a little antsy and he's like, hey, I got to go to the bathroom real bad. Where's the bathroom? I'm like, "Well, there's one on this side. You know, we'll get you in, whatever." No, no, no, man. I got to go right now. I got to go right now. I'm like, "Well, it's over there. I can't, you know, hold him." So, he walks over there. While he's in the bathroom, my boss comes up. He f, you know, goes over to the bathroom, like finds the guy and like brings him back. >> He then calls, you know, the CC and everything like that. And the guy's like, "Yeah, my flight's leaving, man. It's 5:40. I'm just going to rebook." And I'm like, "Oh, they can do that for you down at the gate, man. We're just going to get this thing, you know, squared away, whatever." I I have this ID in my hand like this. And I turn, I look cuz my supervisor said something and he reached out and snatches his ID. I'm like, "Whoa, hey, hold on, man." He's like, "What? It's my ID, isn't it?" And turns and walks all the way out in the parking lot. >> Okay. >> And so my supervisor kind of followed that way. I called over the radio saying, "Well, he said he was going to rebook." So I think he went downstairs, my boss did, to ticketing to check with them. The guy certainly did not. He walked straight out into the parking lot. >> Parking. >> Do you know what he looks like? Uh he's a fairly tall black male about your height. Um kind of like mini dreads, you know, where they're about that tall. >> Thinner build or bigger build? >> He's bigger. He's bigger. Uh like a light colored jeans that are he's wearing real low with like gray boxers. So and he's got a like a green camouflage backpack with orange piping. So >> black male six. >> Was he wearing a coar or t-shirt or >> that I don't remember. He had any jewelry or stuff like that? >> Not that I saw. >> Right. any like teeth grill or something like that or >> um I thought he had some facial hair but nothing like teeth wise that I recognize. >> Okay. Um >> dreads. >> Hi folks. Quick question for y'all. >> Did you happen to see a African-American male about my height, maybe about my build, maybe a little bit thinner, wearing he had a uh sorry, he had a green jet or a green backpack with some orange like tubing. Did he happen to walk this way? I I I just got here a few minutes ago. >> Okay. >> And did not see anyone like that here or elsewhere. >> I was downstairs in the ticketing area before I came up here. I did not see anyone like that there either. >> And you guys have been sitting here for about 5 10 minutes. >> Oh, not even five. >> Okay. >> Yeah. >> All righty. Thank you all. >> Kelly, I was just coming and talk to you about that uh incident with your ID. >> Mhm. >> Just trying to figure out what's going on with that. >> Okay. Uh, I had gave it to my brother right here. >> Here, you can stay sitting for me. >> Okay. >> Yeah, your brother's here. You can sit down. >> Mhm. >> I'm 410. >> Uh, do you have your You gave your brother your ID. >> Yeah. >> All right. Where's your brother at? >> All right. You don't have to go through any of this. What is What is your last name? You can sit down. >> Okay. >> All right. I've said multiple times. You say seated. >> Yes. Hello. >> All right. What's your last name? >> My last name is Ping. >> What? >> Ping. >> P A Y N E. >> All right. First name? >> Nicholas. >> N I C >> H O L S. >> O L >> S. >> A S. Or just S. >> Yep. S. >> O L S. Y. >> All right. >> Middle initial >> D. Your ID is going to come out of Wisconsin. >> No, it's coming out of Tennessee. >> Tennessee. >> Yep. All right. So you don't have your ID on you anymore? No. No ID. No. All right. >> Yes. Hello. >> I just have to run his name. >> 410414 with that individual's name. >> Last name is going to be Nicholls, Nora, Ida, Charlie, Henry, Ocean, Lincoln, Sam. First name Payne. Is this your last name? First name Nicholas, my middle name, >> sorry, last name Payne. Paul, Adam, Young, Norah, Edward, first name Nicholls. Norah, Ida, Charlie, Henry, Ocean, Lincoln, Sam. The Fourth Amendment authorizes an investigative stop when officers possess reasonable, articulable suspicion of criminal activity. A TSA agent's firsthand report of a fraudulent document at a federal checkpoint satisfied that threshold under Terry versus Ohio from 1968. The subject's abrupt departure from the checkpoint is itself a legally recognizable factor under Illinois versus Wllo from 2000, where the Supreme Court held that unprovoked flight from law enforcement contributes independently to reasonable suspicion. When deputies located the subject at the rental car facility, he identified himself as Nicholas D. Payne and claimed to hold a Tennessee driver's license with no identification on his person. Wisconsin statute section 968.24 24 requires a person to provide their name during a lawful investigative stop and providing a false name. At that point is a separate criminal offense under state law. The misspelling of the alias surfaced during radio transmission under the totality of circumstances standard from Illinois versus Gates 1983. Probable cause does not require a single decisive fact. The fraud report, the unexplained flight, the absent identification, the misspelled alias, and the contradictory account of his companion collectively established a legally sufficient basis for arrest. >> So, we're going to bring you back there just uh get all your information, make sure it's correct. We'll carry this stuff for you. >> No, that face that way. >> What is um what is I'm getting >> just to see make sure your ID and everything lines up. So, face that way for me. I'm about to see my mom. Can I see my mom? >> We'll let you use your phone after this. >> Yes, sir. >> I call my mom. >> I don't know what What do you guys want to grab this bag right there? >> No, that is my bag right there. That's my bag right there. >> That one is it? That one's yours? >> This one right here. >> That's not your bag. >> This is your brother? >> No, that's that's my cousin. >> This is my >> You give him your ID? >> No, I get I gave my brother my ID. >> I No, no, no. Once in custody, deputies conducted a search incident to arrest authorized under United States versus Robinson from 1973, which holds that a lawful custodial arrest justifies a full search of the person and immediately associated effects without a warrant. The fake identification recovered from his pocket and more than 150 fraudulent checks totaling over $240,000 found in the backpack fall squarely within that doctrine. One procedural concern arises from the custodial questioning conducted at the substation without Miranda advisements on camera. Miranda versus Arizona from 1966 requires those warnings before any custodial interrogation. The physical evidence survives this issue under the inevitable discovery doctrine from Nyx versus Williams 1984, which holds that evidence obtainable through an independent lawful process remains admissible regardless of any prior constitutional violation. A standard inventory search of an arrested suspect's belongings, would have produced the fraudulent checks and the fake identification, regardless of anything the subject said during questioning. The statements create a suppression risk, but the physical evidence does not. We're just because you snagged an ID at a federal checkpoint. >> So, we're just going to confirm who you are. >> I don't see how >> So, why why what happened? What was the issue with the idea? >> I I don't I'm trying to I told him I was late for my flight, so I got to write this here. >> I can't even I'm getting I can't even be on my phone. >> Uh you will eventually here. We'll go this way. The elevator's open. >> Oh man. >> That's not That's not my bag right there. >> Why were you carrying it then? You were at TSA. >> He said out of Tennessee. That's my brother bag. I told you that. He said it right there. >> Okay. But you But you had it when you were at TSA. >> No, I ain't have that bag. >> You never had that bag? >> Cuz that looks a lot to me like you have in that bag. I have then I told the holy to my brother. >> So why why do you give your ID to your to your brother? >> You said what ID >> like what was why do you give the ID to your brother? >> He said why I give >> cuz he cuz he asked for it. >> He asked you for your ID >> for what? >> Yep. >> Like for what reason? >> He said he about to go to TSA and see why they wouldn't let me check in. He hold my bag real quick. >> Got to have you sit right here, man. All right. >> Can I Can I take off clothes? Pull those up. >> I can I can I'm >> right here. Here. I'm going to put your phone up here for you. >> So, what was that guy? Was who to you? The one that we saw in there. >> You say who? >> The guy that we saw in there when we were walking out. What is he to you? >> It's my cousin. That's how it >> so you went that ID that he presented his >> he he said uh he gave it to his brother and his brother left with that. >> Okay. >> So I'm going to search you real quick, man. >> I don't what what is my probable cause of getting searched? >> You're in custody, sir. And to be honest, you're going to go to jail for misappropriation of ID and interfering with screening procedures. You can't present false. So, I'm going to have you stand out. Face this way. Like I said, dude, it's easier if you just tell us your name and you know what I mean. I'm going to blast that one more. >> All right. That's your real name. >> Yeah. >> All right. >> So, what was the other name? >> You say what? >> You don't like am I going to find the ID? What is on you? Where is it? >> In my pocket. >> In your pocket. Right here. Just leave that. >> Hey, can one of you guys take down his actual name and bring it to >> Cali? >> Yeah. >> Stand by. Searching. The subject was charged with forgery under Wisconsin statute section 943.38 fraud against a financial institution, money laundering, receiving stolen property theft, and 19 counts of misappropriating identification to obtain money. He pleaded guilty to five counts and was sentenced to 3 years in state prison, 3 years of extended supervision, and 5 years of probation. The deputies receive a B+. The detention was legally grounded from first contact, the probable cause. chain was methodically constructed and in the deescalatory posture throughout the encounter reflects sound tactical judgment. The Miranda timing gap is the sole deduction and while harmless on these facts, it was avoidable. The subject receives an F. The deception was premeditated and sustained beginning at the federal checkpoint and continuing through the rental car facility and into the substation. He was simultaneously wanted in Texas for counterfeit checks in possession of a stolen firearm and in Louisiana for aggravated flight and being a convicted felon in possession of a firearm. Three lessons follow from this case. Flight from a federal checkpoint focuses an investigation rather than ending one. And the abrupt departure itself becomes evidence of consciousness of guilt. Presenting a fraudulent document to a TSA officer triggers federal liability under title 49 United States Code section 46503 carrying up to 10 years in federal prison independent of any state charges. And Miranda advisements at the moment of custody are procedural hygiene, not a discretionary step, regardless of how strong the physical evidence may be. 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.
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