what is wrong with you I have to my ID OK but this isn't a real ID why do you have this I get it from somebody who said all I need to do they said they could go to the place supposed to be there for 4 hours and come right back your friend doesn't want to be alone so she asked me to come along with her I didn't allow anybody no not you but the government well that's the other one a woman at a Florida airport presented a driver's license to board a domestic flight the license number did not exist in state records the name did not exist either what unfolds next exposes a legal trap most people never see coming so why is that ID wrong I don't know maybe it's because it's the the one that was in my purse I have I have all of my stuff in my purse if you go on my purse you'll see it what is wrong with you I have two of my ID okay but this isn't a real ID why do you have this I only I always have that in my purse OK why I always like I just always OK that's not an excuse it's a fake ID which you can't have a fake ID in your possession that's no well I didn't know that that's only for you didn't know you can have a fake ID I didn't even know it was fake how do you not know this is that to Daniel I didn't even know because I know they said once a ID have well at least the person who told me once my ID have all of my information that person ID someone told me that they um all I need to do is to go is to this Thai place and then they the Thai place gave me my ID you don't go to some place to get your ID you go to a DMV to get your driver's license OK this place is like a DMV cause I have 2 the one the one I went to what I did was I gave them my passport and they gave me a ID that's my ID but then this one right here is when I came I don't know who it was but they said that you could always get to transfer your stuff to your ID just give me my information so I transfer my stuff I did the same thing that I transferred my ID from the DMV place to with them with them which I get your driver's license to the DMV no you don't if you go on my personal see it and if you go on the system and call them you will see they give you ID call who was who's them um it's called a a Thai agency place but they give you ID they give you an international ID all you need to do is try to be a passport over me that's me yeah I'm gonna I have a social license what's your what's your real license where's your real license out of my real license is in my purse but that's the same thing is it from Florida no it's from here this is Florida this is Florida well I don't know it's from here OK because we ran your name too and your name doesn't exist either my name is my name is Justin Charles Smith if you see I use two names why because my grandmother um from I was 22 and how is it a fake ID if that's me how's it to figure this out but that's me and that's my information you could even go on my son's everything that's me even my bank account that's me how is it a fake ID it's a fake ID because it's not real it was not issued by the state of Florida the DL number does not exist and when we run your name and information that's provided on it you also don't exist no that is how it is a fake ID it is not real you did not get it from the state of Florida you thus you can't possess it it is illegal to possess a license I didn't know that I didn't know that you get it from the state I get it from somebody who said all I need to do what they said they can go to the place and they can turn over my stuff I didn't know that cause that's what I did with my partner with my home but that's what no not a friend I didn't know the person we can get customs to assist us yes that well they can figure out on her phone too have you seen the ID yet I see the ID down there but I didn't see it is it a Florida ID it's a Florida ID obviously fake I don't run though if she running over there come on but I mean does it look fake does it look fake sir I'm sorry can we go over here go over here it's OK I'm calling your phone man you just gonna have to wait for it is she a friend of yours my wife it's your wife yeah what's going on being detained right now why cause of her identifications what's wrong with identifications doesn't seem right you know where she's traveling to today by chance yeah she's going to New Jersey to New Jersey she has a company and one of her friends does flight attendant for layover supposed to be there for 4 hours and come right back the friend doesn't want to be alone so she asked to come along with her a flight attendant asked her to come with her she's been calling me now trying to figure out who's on her she lands in about 47 minutes in Pittsburgh let me find out for you right now who's she afraid of anyway spirit I can ask her you better let them know so they don't put your bag on the plane it's probably already gone how she gonna get the backpack probably have to have it sent back huh probably have to have it sent back she's her flights at 8:00 yeah flights at 8:00 set back all of her passport everything is in the bag we'll be able to be removed off the flight are you here for us I believe so you wanna film in something about a Bahamian house no not necessarily just go around that yeah yeah just go right through here yeah and just lift that up what's your name Sir James James yeah have you take a have you take a driver's test yeah I took a driver's test I I even have a a driver's thing in the Bahamas no over here in this state no I all I did was give them my information from that and then I I turn change it over from my driver's license I changed it over you give them your information and you change it over I thought you just give them your in all the your your your driver's license and they change it over I never go for um help they say I could use a t I N there's ways to get around things and that's issued to me and my name okay so that's why it's me I issued myself as a business and that's how I obtained it so I can use it as a social because that's the law okay that's why it's not I I did everything by the law that's why I get what I get nothing is fake nothing is the only thing I did not know was that the place I issued the last time which was with the ID I gave y'all is not real I never knew that and the other issue place that doesn't wanna answer I didn't know that either because they say they issue ID's okay so before I even ask you questions I have to read you your rights okay right since you know how it works right since you've been here so I'm gonna read you and you when you hear the question you either say yes I understand or no OK alright so you have the right to remain silent and to refuse to answer questions what's your birth name I don't know I don't know which one was it I'm I'm just finding out when I was 30 when I went to go and um get my passport renewed because someone broke into the car and take the passport mm hmm but they didn't just take the passport they they took my whole purse what kind of passport do you have it was a Bangladesh passport why don't you have an American citizen passport I'm not an American citizen I wasn't born over here OK so I don't have to born over here to get that passport so usually when you don't have a citizenship they'll say it on your driver's license yeah I didn't know that well that that you wanna know that tells me this is this is fake okay cause I didn't know that place that what's that place there was a guy standing out there out of the side of the place and asked me did you go into a legitimate business I went into a business for the other one then what's the same business the other I I told you to go and look for it's in my back in my it's in my phone and it's in my purse okay so when y'all see y'all get it but they say it's not real but it is this one's not real it is issue I the same thing this I did the same thing to get that one I know but I'm asking a question about this this is not real no I how do you know this is not real because y'all told me it wasn't real that's all I know it wasn't real it's an ID they say any form of ID this is not an ID this is a driver's license so the guy that I met outside of the place told me that this the one I have would work but then I still gonna need an ID a Florida state ID they say they can give me the all I need to do is do the same thing I did to them give me my passport information yeah and then pay them money and then they gonna bring me one I got a question the same thing is this a real driver's license he has a real driver's license how do you know it looks the same looks the same then yeah if that's then why are you telling me that this is not real because if I told you it wasn't real but if it's if you know that it's real you'd be defending that you'd be like oh no that's that's a real driver's license I will defend to the end of time I will defend to the end of time that this is a real driver's license but I'm I'm so if I tell you right now that the necklace right now is fake the necklace you have on right now is fake if you're not a jeweler then I wouldn't believe you but if you are jeweler I'm gonna believe you how do you know what I know because you're a jeweler exactly you went to school for it but how do you know if I'm not educated on the side so anyone anyone tells you you're gonna believe because they they clean doesn't matter it does matter it doesn't matter because it does no because if you knew if you knew if you knew that you went the proper way to receive a driver's license and you paid the money for it you should stand with your with your gun doing all this is real this is real I don't know anything about America like that so if how long have you been here that I've been here from I was 22 OK how many years is that I don't know who you are um I think 14 14 years yeah how did you get here I got here on the plane so you flew from where the Mohawks okay so you've been here 14 years and the person you're traveling with is who my daughter oh you mean now where is your daughter the person who I'm travel who I travel with over here who's your daughter I'm asking you which question are you asking you're not running the show over here you're not running this interview I am who's your daughter you asked me a question okay and you brought up something that wasn't even talked about yeah cause you asked me who did I travel with when I came so I said my daughter okay so you traveled with her when you came yes she was a child is that can I ask you a question why are you being um repulsive I'm not I'm questioning I'm asking I know I'm being respectful and I I didn't I haven't been disrespectful I haven't been rude it was rude a bit I'm not being mean but I only thought you asked me who I traveled with I wanted I I don't really um understand um when you say things just like that okay it has to be specific that's why I asked so the man that's here is who is her father that's her dad yeah where did you meet him in the Bahamas okay I was having this is a big problem I didn't know that I know I did not the only reason I know that is because they looked it up and says not coming up and I said that's impossible okay and then this is the other way right and with all the things going on this is a big problem I didn't know it was fake very big problem and then you don't have citizenship here right no the other one is the same thing that means that one is fake too so I don't understand how y'all allow people to be open with tag agency doing all this and then it's fake allowing I didn't allow anybody no not you but the government well that's cause they said the other one is fake but it's it's government issue but it's open it's government issue they have it on there information on there online saying that they give everything okay so what's the other thing that you said that's fake they said the other one is fake what is it I haven't seen it it's a um it's a that's a that's a it's the same thing it's a I it's no it's issue from here okay no it's issue from here it's a it's a American ID not a Bahamas it's just international who has that in your bag right yeah it's in my bag on my phone and they said it's fake too so I'm like hold on if this is fake that is also fake because I did the same thing okay I I literally went and looked up places that I can get around things they said there's laws around everything and I just have to do it legitimately and that's what I did but I never knew that in the Bahamas they don't have like an American embassy they do have an American embassy that's the proper way to go from one one country to the other you have to apply in the American embassy I know when I came over here and I and I was in the um but I went to embassy I have a embassy thing I came over the right way I came over through airplane I didn't come on a boat I didn't get smuggled even if you're not if you don't go to the American embassy you could still fly you can still come in whatever yeah I know in in my passport you will see in when in the system that I have an American um visa I came over with my visa the only how long was it for I don't know the only thing is when I came that's very important because when you're given the visa they tell you how long they'll say two months six months one year two years oh they don't tell you that they tell you in your um on your passport they stamp it or something well you don't have a passport for a month yeah they tell you on the one that's the one over here at the Hollywood yes alright excuse me I've I've I've done ice before sorry I've done ice before I can't I can't go back home that's not our decision though that's going to cause me to be unalive I I already explained that to them that's not the reason why I came with my daughter in the first place this single encounter activates three separate areas of law simultaneously my state criminal law federal identity fraud statute and federal immigration removal understanding how they overlap reveals an exposure few people anticipate she argued the ID was real because it carried her photo and her information under the law um that argument fails entirely but the question of whether she knowingly possessed a fraudulent document is far more complex Florida Statute 322 212 subsection 1 a classifies knowing possession of a counterfeit or unlawfully issued driver's license as a third degree felony penalty up to five years imprisonment and a five thousand dollar fine the statute requires knowing possession courts apply the willful blindness doctrine a person who deliberately avoids confirming whether a document is legitimate is treated in law as having actual knowledge of that fact only the Florida Department of Highway Safety and Motor Vehicles may lawfully issue a Florida driver's license or state identification card not no private business tag agency or third party vendor holds that authority under any Florida statute and Miranda v Arizona 1,966 requires rights advisement before custodial interrogation under Illinois v Perkins 1 7,990 statements made before formal custody attach are generally admissible without Miranda warnings in this encounter timing is the critical variable federal exposure compounds state charges Title 18 United States Code section 1,028 subsection a four criminalizes possessing a false identification document with intent to defraud the United States no federal penalty up to 15 years imprisonment and independent of any state conviction under 8 United States Code section 1,227 subsection a 1 b of the immigration and Nationality Act any alien who remains beyond their authorized period of admission is classified as deportable more than one year of unlawful presence triggers a ten year reentry bar under section 1,000 182 the vendors who manufacture and distribute these documents carry heavier exposure Florida Statue 831 29 classifies manufacturing instruments to produce counterfeit driver's licenses as a second degree felony punishable by up to 15 years imprisonment the operative legal lesson and possession charges do not transfer to the vendor person found holding a fraudulent document bears full criminal exposure on under state law face federal statute where immigration status is involved and civil removal proceedings as well an unlawful presence is not a civil footnote when combined with fraudulent identification at a federal checkpoint it generates concurrent state federal criminal immigration jeopardy simultaneously did the deputies establish knowing possession beyond a reasonable doubt did the willful blindness doctrine survive a suppression challenge on the pre Miranda statements did ice assume custody before state charges could be filed these questions sit at the intersection of criminal law immigration enforcement and constitutional procedure the answers determine everything that follows and the analysis continues