what happens when the person holding a fraudulent check did not create it and what does the law require when Miranda rights arrive two minutes too late this is that case hey what's going on man are you calling no you didn't call at all no you didn't call I I did not call whatsoever OK are you trying to catch us in the is there going on a situation on the bank no no situation going on in the bank I just walked out of there OK you have an idea on you yeah yeah we just got a call about an issue going on at the bank with disturbance or anything like that oh I didn't even I I'm oh no no no I'm just saying disturbance like no I got you there was a lot of arguing going back and forth oh my God I swear that's what we're just trying to figure out no no I promise you I gotta call because I have to go and I am not they literally told me I can't they have to call the owner and I left okay I told them I'll get another form of payment and I was out hi it's with me it's with you yeah let me explain to you yes she went to another branch uh huh and she tried to cash this check that's the same that we have here we kept this one and we called the customer and they don't know about anything about this okay so she's trying again alright so where is the check right now this is the check this is the check and uh show the email for the other one yep yep oh my God I can I like go like use the restaurant you can call me in a second like I said if it's a alright just go find it um well I was leaving right now but you're gonna have to give me a minute oh my God but I wasn't even arguing with them I didn't like I said sometimes things come over the radio a lot different and then in the whole situation I didn't even they told the lady went to the bathroom so what were you trying to do in there I just went to cash my check and that's it that I got that I got given a check to pay to pay that's it and then she told me I can't and I just I was like OK she gave me my IDS and my card and I walked out and I came here and then you guys came saying that I was causing a scene which OK that was mine so you went in try to cash a check and then they said you can't she just she told me they have to call the owner to verify uh huh literally I sat down I waited and she came on and told me no no the gentleman told me no and I said okay and then he was like oh um I said can I have my check back and he said no we have to keep it and I said okay I'll get it's a check made out to me paid for so I just came in here cause I don't have an account with them I use my business debit card to show my two forms of ID which oh shit where's your where's your vehicle yeah where's your car ma'am I'm sorry where's your vehicle I came I got dropped off and I'm getting picked up that's why I was eating and it hurt so where's the person that's picking you up well that's the thing I'm calling them because they have to go somewhere else so I'm I don't know like I don't I didn't know this was gonna happen right now so I'm calling to get an Uber while they go pick someone else up have the guy come back here that's picking you up no I well I don't have that so I I don't have that option cause they're leaving because they held me up so when I left I was like okay I'll come out and get a Uber of course that's fine I did not make a scene or did not fight with anybody in there is anybody in there is a lady right behind me getting a sworn statement do you know he didn't walk in with the paper first one statement I think it was just is that her ID yeah came back I have my other ID all right I'm gonna go check on him in there and you said she did this at another branch too is this where you got the picture of the check yes Fifth Avenue Fifth Avenue South yes today yes um before 3 and 43 because they sent an email telling all the branches about this so she tried this is the 2nd 5th 3rd she tried today she did it over there at 5th Ave they denied it she sent it they sent out like a hey Bobo watch out she came here to do the same thing so OK here's the check here's the card here's the check from that this is from over there correct the 5th Ave yes so she has her ID we ran that and this is the check that she tried over here and here's the actual check she tried to just deposit here yeah so this is a second this is a no no it's the same it's the same check the same check and then you guys have you contacted these people and they have no idea about the yes the we verify with the business signer then he did not recognize this person okay and the amount okay thank you how to freaking hungry I have to go to the bathroom too so I got you alright who are you calling right now no I'm on the phone with my people I'm waiting to see what to do and I'm also on the phone back and forth I have people calling me cause they're waiting on me and I'm not answering alright well let's put the phone down first and then I'll tell you exactly what they told me pretty much alright okay so first i'mma just need you to put your hands behind your back I'll explain everything right now I'll explain everything alright OK so pretty much you're being detained because you try to for uh give a forged check or something like that i'mma take off the watch just to make sure she tried to cash a fraudulent check pretty much how is it fraudulent well that's what we're figuring that's what we're trying to figure out right now alright that's it that's a little tight alright I'll fix it I'll fix it the right one go left this one okay wait wait hold on where did you check come from I was paid by an owner to to to give you know a job that's not something that this has never happened to me what do you do for work we paint we paint are you guys sure that this is real yeah no this is we're gonna have you sit in the back of my car right now alright you wanna just give her yeah so how from here I get I stay in the car we're gonna talk to you about everything alright like I said once we figure out the full situation we're gonna we're gonna let you know alright OK but I'm not going to you have any weapons on you anything that's gonna stick me poke me can you get my glasses please yeah we'll take we'll we'll grab your glasses alright I'm not gonna lie the last one is a little bit tight on me okay we'll do all that alright well I have to tell you ma'am they're not meant to be comfortable uh braces I don't know I've never been in handcuffs in my life alright that's cool alright all right we're gonna have to sit in the back let's have a seat back here all right like I said once we figure everything out I'll talk to you all right just have a seat for now did you turn on the back light Jesse I didn't know okay alright so listen just cause like I said you're being detained right now you know how they do in the movies and TV shows they gotta read your rights alright so I'mma start alright you ready you have the right to remain silent anything you say can and will be used against you in the court of law you have the right to talk to a lawyer to have him or her present with you while you're being questioned if you cannot afford to hire a lawyer one will be appointed to represent you before any question if you wish you can decide at any time to exercise these rights or not and sorry exercise these rights and not answer any questions or make any statements do you understand your rights as I have explained to you yes okay um having these rights in mind are you want to answer my question no you want to ask any questions or not I answered all of your questions and I'm still sitting here alright I mean that's fair enough right alright so you don't want to ask any more questions no I need to figure out what is happening to me right now before I I I'm I'm in here not knowing either as much as you so well we just explain that you were in custody right now because of some possible fraudulent checks and that's a big problem that's the problem that is so the reason why like I said you're in these cuffs so did you try to cash another check today no no no okay like I said that's the reason I'm being here so if we could get your side of the story then that's the whole reason I read this so do you wanna answer questions yes or no like I said we gotta figure out what's going on first so I can I just make a phone call alright not right now like I said if you answer some of our questions then by all means like I said the questions could help your situation no you don't want to talk alright no problem so this is so it's a church this check it's two different checks too from two different people yes I was just making sure that was okay so this is the church and then these are the four people that are on file okay so and they attempted to contact this one they couldn't make contact they made contact on the last one that's where it was okay confirm from and in triage we're gonna take all this so I figured The Fourth Amendment requires probable cause for arrest three facts establish it before any handcuff is applied the same check denied at a prior branch bank wide alert issued and the account holder denying knowledge of this person Terry v Ohio 1,968 is the standard these facts exceed it uttering a false check requires proof the subject knew the instrument was fraudulent this is the men's rear element the subject claims this check was employer payment for work performed if credible the innocent conduit defense defeats the charge entirely at five minutes 51 handcuffs are applied custody is established under Florida v Bostick 1,991 Miranda v Arizona 1,966 requires rights advisement before interrogation begins questions about check origin and employment are asked two minutes before Miranda is read those statements are presumptively inadmissible New York v Quarles 1,984 creates a narrow public safety exception to Miranda the weapons question here falls within that exception questions about employment and check origin do not that line determines what is admissible in court after Miranda is delivered the subject declines to continue under Burgoyne v Tompkins 2,010 invoking the right to silence requires an unambiguous affirmative statement reluctance alone is not sufficient a direct invocation of both the right to silence and the right to counsel provides full constitutional Protection the subject requests a phone call the officer conditions access on answering questions first tying communication rights to interrogation cooperation raises Fifth Amendment voluntariness concerns defense counsel would challenge any statement made after that exchange as involuntary three principles apply beyond this case first invoke rights explicitly and immediately upon custody pre Miranda statements require a suppression motion and may not succeed second document any third party payment fully the innocent conduit defense requires evidence not assertion third conditional communication access during detention is legally suspect the charge is on paper the innocent conduit defense exists in law a Miranda violation is visible in the footage which of these determine the outcome is not yet known the law created rights in this encounter whether those rights changed anything is the question this footage alone cannot answer