I I know, I'm under equipped. Normally you do if you're out here, man, if you're making a traffic stop. A traffic stop on Interstate 40 looked routine until the officer behind the wheel turned out to be a fake. At 12:30 in the morning on September 30th, 2019, an Albuquerque police officer drove past flashing red and blue lights. The vehicle conducting the stop bore no markings. The man beside it wore plain clothes, an online purchased badge, and was 18 years old. His name was Brendan Wysinski. The driver he had pulled over was a 60-year-old civilian. This case sits at the intersection of four constitutional doctrines and one New Mexico statute. You want to talk to you for a minute? I do. What's wrong, man? I just talk to my supervisor real quick. Who do you work for? Bernalillo County Sheriff's Okay. I I know, I'm under equipped. Okay, cuz normally you do if you're out here, man, if you're making a traffic stop. You just got to have stopped doing it. All right? Are you What do you You say you work for Bernalillo Sheriff's? Yes, sir. Do you have an ID with you? I mean, this is this is all I got on me. Like I said, I'm under I'm under equipped. I was just heading over there to the courthouse. To the courthouse for what? To get my crap. Okay. I know, it makes no sense. I caught him going 120 down I-40. Okay. Why do you have lights on this vehicle? Personal. I I know. Do you have an ID with you at all? No, I keep it on my uniform. Okay. What's your name? Uh Brendan Wysinski. What is it? Brendan Wysinski. Brendan? Yes, sir. How do you spell that? B r e n d e n And your last name? w y s y n s k i Hold on, w y w y Yes, sir. s y n s k i So, Wysinski? Wysinski? Can I see your badge? Yes, sir. What's your date of birth, man? What's your rank, man? You know. All right, I'm just going to go through this here. All right. Sam, 10-19 PD. 10-19 PD. I'm going to be at frontage road and 4th. Can you start me a unit and see if there's a BCSO supervisor that can come to 120? 10-4, can you advise? I'm going to be out with one of the units. 10-4, 9. 10-4, 9. 10-4, help me out. 10-4. All right, just hang tight, man. And I'm not I'm not here to help 10-4, 9. I'm going to need 29 service BCSO. 10-4. It's And I'm not here to mess with you, man. It's just the thing is Yeah, he was speeding, dude. You could have called it in. And cuz if you get into shooting you're speeding. All right, man. I I understand. It this For starters, I know this looks really bad. This looks really bad. This screams wacker. Right. How long you've been on? About 3 years. Okay. I've been on for like 13 years. All right, so I'm not saying I'm perfect and I'm not saying that I've never done anything to to you know, against protocol, but you need to be a little bit more careful, all right? Yes, sir. So, just do me a favor, hang tight for a second. Okay? Yes, sir. And we're going to um And that's it, all right? Once we Once we're done here um we're done, all right? So, just give me a bit, all right? Thanks. Yeah, go for it. Go ahead. Sam, 10-19 PD. Okay. We're going to be at the WEX on 4th Street. 10-4, do you need an code? Negative code. But I am going to need a supervisor for myself. 10-4, handle on a 21 out here. >> [music] [music] >> Hey, Brendan. Um in the meanwhile, man, until I get somebody out here, man, do me a favor. I'm not going to handcuff you, but I'm going to have you sit in back back of my car, all right? >> Do you have anything on you, man? Any weapons or anything? Okay. Um that's fine. Just have a seat, all right? All right. Try to get everything cleared up, man. Um just have a seat. What's that? Can I talk to you real quick? Yeah, give me 1 second. What's up, man? All right. I'm just going to be straight up honest with you. I'm not a cop. Okay. Okay. I'm just going to I'm just going to be Where did you get that badge from? I bought it off line off line. Okay. Do me a favor, stay stay in here, okay? For a second. I'm left. Okay. Um I was heading northbound on 4th Street. See this unit 54 or 54 in a car, and I'm like, okay. You know, it's a it's this car that's right here. And the guy was wearing jeans, no gun belt, no nothing, a T-shirt. And I'm and he's just wearing like an Air Force hat. So, that's strange. So, I flip around and his plates come back to civilian, doesn't come back to you know, the skip or anything. So, I stop. I talked to him for a minute and he's like, I said, "Who do you work for?" He's like, "Oh, I work for a I said, "Oh, you're a county?" He's really young. I was like, "Oh, you've been out 3 years?" Oh, okay. Well, you're kind of ill-equipped to you know, to be a police more than a deputy. And he's got lights. I don't know if he's got a camera or anything. And and and I'm standing there and I'm looking at this thing. It looks weird. He gives me his name and I double-check it with the license plate and it comes back to him. And he's got lights on too. So, the plate and everything come back to to him. He first told me he was born in 1994. And I went When I checked the plates, he was born in 2001. And I double-check with MVD, his his old info comes back to 2001. I had him sit him sit him back in my car cuz this is kind of weird to me. And right now when I was getting out, he's like, "Hey, let me talk to you again." I said, "No, I'm not a cop. I just bought this badge online." And he has lights and everything. I gave him a 54 card because he said he was going like 110 on Menaul Street. So, he's not a BCSO employee at all? >> No. Well, we're going to have BCSO come out anyways. Just cuz he's impersonating a BCSO and he's got what looks like a BCSO badge. Do you have him detained now? Yeah, he's in the back of my car. Okay. Just cuz like, I don't know who you are. You don't have anything other than a badge. You don't even have an ID on you. So, that's where we're at. Okay. I haven't read him his rights or anything. He just told me that statement and I was just pretty well so. Man, it was just really weird. Yeah, definitely. Do you want to come up here or do you want to have cuffs on him? Cuz right now he's not handcuffed. I just had him sitting in the car. Okay. Cuz at that point I was still trying to figure it out. Okay. And he had to give me his statement. Okay. Hey Brandon, step out of the vehicle for a second, man. Okay, face the vehicle. At this point right now, you are being under arrest. Do you understand? Yes, sir. Turn around for me. Turn around this way. There you go. Okay. Go ahead and have a seat. Uh give me a moment and then we're going to talk a little bit more, okay? All right. Going off. Hey Brandon, step out of the vehicle for a second, man. Okay, face the vehicle. At this point right now, you are being under arrest. You understand? Yes, sir. Turn around for me. Turn around this way. There you go. Go ahead and have a seat. Uh give me a moment and then we're going to talk a little bit more, okay? Going off. Mind if I take a look at your badge? Would you be okay with that? >> Yeah. You got this online? Um it was what at one point my father's. Okay. What's your Can I ask your name? Brandon. Brandon? Yes, sir. And your last name, Brandon? Wisinski. What's your last name? Wisinski. Wisinski? Yes, sir. Oh my god, you even you spelled it wrong. How do How do you spell Wisinski? Did you? W Y S Y N S K I. Okay, never mind. You got it right. You got it right? Everyone gets it wrong. Okay. Okay. Um I'm very interested. Well, thank you all. Hold on. Do you mind if I call my wife and tell her I'm not coming home tonight? That's going to be a decision these gentlemen make. If you'll hang tight there. >> us a little bit, all right? Going off. Well, All right, Brandon. I'm just going to put on the seat belt, okay? So, I need you to lean back a little bit. Okay. Can I excuse call my wife? I'll give you We'll get When we get to the substation, I'll give you We'll give you a call, okay? All right, Brandon. I'm going to take off the seat belt. All right, come on out. Feet first. It's just easier that way. Feet first. We'll get your hat in a little bit. We'll get it right now. Don't worry about it. Okay. I'll have somebody pick it up right now. We're going to go down to the left on down the hallway. Okay. Go ahead and sit in one of these seats over here. Do you mind if I sit here? Which one? Whatever you want. Which one do you want? That one. Let me take off one of the handcuffs. That way you can sit down a little bit more comfortable. Okay. Go ahead and spin. There you go. Okay. Um Before I start everything, I just want to advise you of your Miranda rights, okay? First, the authority to detain. Under Terry versus Ohio, decided in 1968, an officer needs only specific articulable suspicion of criminal activity to briefly detain a person. The threshold sits below probable cause but above mere hunch. Articulable facts are required. A man with a badge but no ID beside an unmarked civilian car with emergency lights easily clears that bar. Second, the question of Miranda timing. Miranda versus Arizona, 1966, requires warnings only when custody and interrogation converge. Rhode Island versus Innis, 1980, refined the rule. Interrogation means words or actions reasonably likely to elicit an incriminating response. A statement volunteered without prompting falls outside that definition and is admissible. The subject's confession, {quote} "I'm not a cop. I bought it online." {end quote} was offered before any direct question about his status. That single sentence became the prosecution's strongest piece of evidence. Third, the validity of consent. Schneckloth versus Bustamonte, 1973, governs consent given by a person already detained. Voluntariness is judged by the totality of the circumstances and an officer is not required to inform the subject of the right to refuse. The officer asked, {quote} "Mind if I take a look at your bag?" {end quote} The subject answered, {quote} "Yeah." {end quote} Recorded on camera, free of coercion, the consent satisfies Schneckloth with a Fourth, the substantive offense under New Mexico statute 30-27-2.1. The statute defines impersonation through two disjunctive prongs, either of which is sufficient for conviction. Prong one, without due authority, exercising or attempting to exercise the functions of a peace officer. Prong two, pretending to be a peace officer with intent to deceive another person. Pulling over a moving vehicle on the interstate using emergency lights satisfies prong one without ambiguity. Telling the responding officer, falsely, of 3 years service with the Bernalillo County Sheriff's Office satisfies prong two. Under State versus Ramos Arenas, decided by the New Mexico Court of Appeals in 2012, the statute reaches impersonation broadly across jurisdictions. A first conviction is a misdemeanor. A second elevates the charge to a fourth degree felony. You have the right to remain silent. Anything you say can be used against you in court. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you by court. Um at this time, if you wish to talk to me, you can stop talking to me at any time. Uh would you like to talk to me about what happened tonight? Yeah, I might as well. I'll I'll own it. I'll own it. Okay, so Well, let's start from the beginning. So, what happened tonight? Well, you just want Can I just tell me from the beginning what happened when before I approached you? Um I was going to work. You got this guy flying down the highway at 120. Mhm. Where where do you work at? I work at Albuquerque Courtesy Parking. Courtesy Parking? Mhm. Is that for the city or who do you work for? It's a security company. Okay. And say that again. The Albuquerque Courtesy Parking. Courtesy Parking. Okay. Okay. How do you know that how fast the other car was going? I was going behind him. Okay. And then what happened when you saw him going that fast? Was it on the freeway or on the street? Freeway. Okay, then what happened? Flashed my lights, pulled him over. Okay. And then that's about about the time that you got there. >> Okay. The lights, were they in your car or personal car or company car? My car. Your personal car? Yes. Okay. Um Who installed the lights in your car? I did. You did? Okay, and uh when I peeked into your car, I also saw that you had some sort of radio. Is that that yours, too? Okay. Um Okay. And then when I made contact with you, I noticed you had a badge. Where did you get that badge from? Uh it belonged to my dad. It belongs to your dad? When when was Well, it it did. It did? Is he Is he still around or did he pass away? Well, he was killed. Oh, he was killed. Okay. When was he killed? About 5 6 years ago. Okay. When did he leave the department? He didn't leave. He was killed line of duty. Oh, was he now? Okay. I'm sorry to hear that. Um Okay. And you said you you used to work for BCSO, Bernalillo County Sheriff's? Okay. And when I approached you, why did you identify yourself as a as a deputy or part of BCSO? I freaked out. Okay. Um Okay, cuz I asked you your date of birth and you initially gave something in 1984. Right. Right. Okay. Um Okay, what did the the the driver say to you? Uh he said he was something about his sister in the hospital Mhm. and that he was trying to get there. I told him it's not worth killing someone over. Okay. How old was the guy? How did he look? How old did he look? Uh based off his license, he was about 60. And I didn't do the math in my head. Okay. Do you remember his name at all? Mhm. Okay. All right. Um Do you have any weapons in your vehicle? Um there's a handgun in a locked case under the seat. Okay. Um is there anything else inside the vehicle that we should know about? Uh in the glove box, I think I have a set of handcuffs and some extra ammunition for the handgun. Okay. All right. All right. For now, that'll conclude our interview. Um more than likely uh somebody else will give you a phone call later on and just try to go a little bit more in depth, okay? Mhm. All righty. This way? Oh, it's my car, right? Happy. Yeah, man. YOUR CAR GOT TOWED. YEAH, I KNOW. IT'S IN THE IMPOUND lot now. Yeah. You guys at least got my stuff out of there, right? What do you mean? My phone and stuff. So, since it's being seized for evidence, everything stays in there. God damn it. Yeah, buddy. Can't be pretending to be a cop. Yeah, I know. I'm stupid. Lesson learned, right? Yeah. I know. Yeah. Cool. If only I could find this. Oh, there it is. Cool. There it is. Thank you. I hate seat belts, man, but we have to do it. Well, at least I was listening to good case of music. That's pretty You like King Brown? Hell yeah. OH YEAH, HUH? ALL RIGHTY. I'm a little upset though cuz like I can't call my wife. Uh-huh. So, as soon as you get to um the jail, they allow one phone call and you can do it. Well, the problem is I don't know her number. Oh, man, you don't? >> No. She's your wife and you don't know her number? Well, it's because she changed it like seven different [ __ ] times. So, I just got tired of remembering it. I know. It's kind of shitty. Uh-huh. And besides, I was smartphone remembers the number for you. I know. It's It's really crappy, but she's probably going to be scared shitless in the morning. You think so? Yeah, because I don't necessarily have a safe job. Got you. You know that [ __ ] happens and you know, I tell her stories about a lot of our security guards have gotten shot at. Uh-huh. And she gets scared? She wants me to not work there. Got you. the level of scared she is at. And me not coming home Mhm. is going to peak that. John 124, PD. Got you. Got you. All right. 1916 Wood Mall to MDC, mile 252. Okay, 2523. So, how is this all going to work? What do you mean? So, when I get to the jail, I'm going to get processed and everything, then how do we And then honestly, you will probably be released by tomorrow. And then so, they are going to forward this case to a detective and he's just going to come out and talk to you and see what's going on. Okay. And then after that, obviously you're going to have court. And then from there, it's just you know, you just go through the process. It's It could be a long process. It could be a short process. So, then they'll set me up with a hearing date and everything. Right. Right. >> will do his job. Exactly. Okay, so what about my car and all the property in it? That's So, once the detective is done processing that, you know, checking out the lights that you put on your car and the plate or whatever, um you're going to get your stuff back. All right. But they just have to, you know, investigate it first and everything. See what's going on with the case and then uh I'm pretty sure it should go back to you. It's just a case now, you know? Yeah. Just one hour left to know that in about two minutes, I [ __ ] my life pretty damn good. Oh, yeah. Yeah, can't be doing that, man, and it's awfully dangerous. What if that car, you know, what if that person inside that car had a gun and would have shot you? Yeah. Scary stuff. You really just put your life at risk there. 10 4 PD. >> It's fantastic. The seat belt has a this like has a safety lock on or whatever. Uh-huh. It's like damn if we end up against the seat. Oh, does it? Yeah. Yeah, these cars are super safe somehow. These Chargers I'm trying to get it through these because holy crap it feels like someone has me in like a restraint hold. Oh, no. Yeah, fantastic enough. Once you lose all your dignity, it's hard to get upset. Yeah. So, I heard you're a security officer? Yeah. Oh, nice. Where at? Uh Albuquerque courtesy parking. Oh, okay. How long you been there? About a year. A year? Do you like it? Nope. Why? Shitty management. Aw, man. That's not fun. Like I cannot stress it enough that the management is just so crap that and because it's $10 an hour. Really? >> For a level one guard. Uh-huh. Um most of the properties that we have are in the South Valley. Okay. >> them are really crap properties. I mean, we've had several or so guards get shot at. Wow. That's awful. I think like a couple weeks ago Uh-huh. >> on my car blew out. Gave a call to my boss. He wasn't happy about that. He was, you know, if if you don't get to your post Yeah. uh you're going to get written up. And I'm like, "What do you want me to do? Walk 11 miles?" Yep. Walk on the highway? Ooh. 11 miles to go pick up my check. He dogged into me about how you weren't even called as a person dead. Oh, wow. So, you know, I hate it. How come you didn't get a new job then? I'm trying to find a new job. Uh-huh. Yeah, you should. I have been trying to find a new job. Uh-huh. So, you're 18 and you are already married? Yep. Damn. No way. Yep, my wife is 36 weeks pregnant. Oh my gosh, almost due, huh? Mhm. Boy or girl? Girl. Nice. That's >> she's due October 15th. Oh, really? That is coming up. I know, I'm scared. I bet, man. You're going to be a dad. Got to be responsible. Okay, say I get released from the MDC tomorrow. How the hell am I going to get home? Um Huh. That's a good question. I mean, on a on a fair note, it's not really that far away. From your house? >> my house is off of 98. So, do you have like any uh other family's numbers that you remember? I mean, I do, but they don't live here. Oh, they don't live here. Can do they know your wife's number? I don't think so. What? But you could always call for an Uber, man. I'm sorry? You could always call for an Uber. An Uber? Yeah. Well, the detective has my phone. Yeah, but from MDC before you get out? Just let them know about your situation and I'm pretty sure that they will give you, you know, they're they're going to help you out by letting you borrow their phone and then just calling for an Uber. I mean, your wallet's right here. You have money in there, I I hope. Um Yeah, other than that, I don't know since you don't know your wife's number. So, never mind. MDC is a lot farther than I thought. It's farther? Yeah. It's it's My house is No. It's not relatively close. It's a highway exit down there. It's a [ __ ] long ass walk. Yeah. The Albuquerque Police Department officer earns an A for textbook procedural sequencing. Terry detention, probable cause development, formal arrest, Miranda warning, then substantive interrogation, in that order. The single defensible critique is marginal Miranda timing during the patrol car questioning. The subject earns a D, reflecting both gravity and cooperation. Pulling over a civilian on a high-speed interstate while armed with a loaded handgun and additional ammunition created a serious public safety risk. The civilian driver had no way to verify whether the man stopping him was real. The grade was not lower because the subject confessed promptly and waived his rights knowingly. The Bernalillo County supervisor earns an A-minus for clean interagency coordination. The Albuquerque Police Department as an institution earns an A. Its body cam policy worked as designed. Three takeaways are worth carrying from this case. For citizens, if a vehicle attempting to pull you over has no markings, no light bar, and a plainclothes driver, you are not required to stop on a dark roadway. Activate hazard lights, drive at a reduced speed to a public, well-lit location, and call 911 to verify the officer's identity. For anyone considering wearing a badge they do not own, even a single act of impersonation can become a federal civil rights matter. The misdemeanor charge is just the floor. Possession of a weapon during the act multiplies the prosecutorial exposure. For officers facing ambiguous identity claims, the model on display here is patience over force, verification over assumption. Calling for a supervisor and seating the subject in the patrol car without handcuffs avoided every escalation point in the encounter. Wisinski pleaded no contest and received 1 year of probation from Judge Sandra Engel of Bernalillo County Metropolitan Court. He served no jail time. His cooperation on camera made that result possible. 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 and don't forget to check out our second channel, Street Body Cam, for even more police interaction and courtroom content.