so you're saying that ID belongs to you yes sir so when we run it and that's the picture that comes up from the state of Pennsylvania that's not you that is 1,000% not you OK I don't I don't understand at 2:15 on a Monday afternoon Kissimmee police responded to a call from a TD Bank in Florida a woman had walked in claiming to be Cheryl Long a Pennsylvania resident and was attempting to withdraw $4,000 what the bank already knew was that the account had been flagged weeks earlier after a prior fraud attempt the real Cheryl Long had already been contacted opened a new account and filed a fraud case when police arrived they found someone holding a driver's license that did not belong to her and a story about to fall apart on camera that's her yeah she knows and this is the ID um we are ready for today go back to the real customer and she's in PA so what is she trying to do she's trying to withdraw $4,000 out of her account so how is she trying to do that she has an ATM or no she has the last four numbers of an account that was already compromised so back office already know that there's something going on so they probably already were able to withdraw money yeah oh she's she's already yeah not not today because they have the customer have to open a new account so the account that she has the last four numbers of the account that she has is already been closed and a new account was opened so she don't know that new account was open but she's trying to take money so so do you guys know if she was the one that withdrew the I'm not sure did you know the location where that happened I don't I could try to check but if you could check this is definitely not sure ma'am no no no no no no no no no you're not gonna do that sir you're not gonna stand over there please I really I literally stand on my ride stand over there I'm not gonna tell you again please stand over there what's the matter Cheryl yeah of course let's go outside I can prove it where's your ride oh I've been I've been trying to have them hold my they literally it was my Uber alright let's stand under the tree over there yeah what let's stand under that tree over there where there's shade okay yeah where there's shade okay listen stay where I got to talk to you before I even go to the next stop alright alright it's fine it's fine alright so pretty much we're over here with someone that's claiming to be you and trying to pull out funds so alright um well they have your number if anything I'll give you back a call okay this is the police department Kissimmee police department yep okay no problem let me give it back to the gentleman over here okay alright bye thank you thank you so you want to speak to the one same west or something what's going on well I don't know he I just got here so I guess he called supervisor I don't know if she requested it did you request a supervisor did I request a supervisor no OK alright miss uh Cheryl, here's your Miranda OK you have the right to remain silent anything you say can and will be used against you in a court of law you have the right to talk to a lawyer and have them present with you while you are being questioned why am I being hold on if you cannot afford to hire a lawyer one will be appointed to represent you before answering any questions do you understand your rights as I explained to you yes Miranda was read here because this encounter had already crossed into custodial territory the suspect was not free to leave under Miranda versus Arizona 3 84 US 436 1966 that threshold triggers the warning requirement before any questioning begins the officer called it correctly whatever she says from this point forward is on the record having these rights in mind do you wanna talk to me about why we're here today I'm sorry what now do you wanna talk to me about why we're here today um I'm not really sure questioning I guess my ID okay what's your real name my real name is is is okay where'd you get your ID back home where back home I mean I don't understand why this is even like a issue yeah okay so I just spoke to the individual that goes by the same name as you that has the account on the phone TD Bank and now your information is correct are you saying that's a lie that you are who you say you are and then that is you I feel like something's definitely wrong right now and I just don't I need to talk to an attorney evidently because I don't understand simple question I understand the question but I also know that anything I say can be used against me and I want to make sure what's your social how about that I'll go back what's your social so right now we have a problem okay so are you saying you are you are the individual that gave me that ID and that is exactly who you are that's who you were born with that information um I've already explained that I I do want to speak to an attorney though that's if you're really arresting me right now that conditional attorney invocation if you are really arresting me right now is legally significant under Edwards versus Arizona 451 US 477 1981 once a custodial suspect invokes the right to counsel all questioning must stop the officer had confirmed she was not under formal arrest and that ambiguity is exactly what both sides will argue at trial are you detained right now are you under arrest well no I'm not detained but you just read me my Miranda rights you said because we're trying to determine if a crime was committed so now you're telling me you are that person or you're not that person I've been telling you I'm that person but I'm just trying to figure out why so the ID she gave me she's claiming that's who she is from Pennsylvania I spoke to the person that has the same information as her on the phone with TD Bank that their records have and that person has had um the identity stolen in three different locations and this is the newest one one's in New York one's in Florida so she's saying she wants to speak to a attorney and that she doesn't want to say anything the girl said there was multiple Cheryl Longs whenever she tried to look me up so she had an issue even finding me in the beginning like you know what I mean so so she gave a cell phone number I don't know what if that's it see if they send a picture that's funny from the DMV that's what they're doing that's what they're doing right now so you're saying that ID belongs to you yes sir so when we run it and that's the picture that comes up from the state of Pennsylvania that's not you that is 1,000% not you okay I don't I don't understand I really don't understand we run the ID that's the picture that comes up through the DMV state to state so we're gonna try this again what's your name I'm gonna let you know if we don't get your name you're gonna go to jail this is false information to a law enforcement officer an arrestable crime it's also presenting a false ID to a bank I can tell you this is a fake ID I'll show you how see you thought you printed a good ID except for the hologram showed up as a real print on your picture it's not a hologram the hologram showed up Pennsylvania driver's licenses carry a UV reactive hologram embedded in the laminate a printed forgery produces a visible ink design in its place not a true hologram that physical defect is stand alone evidence of fraud completely independent of any witness testimony and a second separate proof so who are you you're not from Pennsylvania and that's not your ID so let's try this again who are you I need to understand exactly what's happening right now because you just said that if I no no I'm not I'm not I don't I'm not trying to be arrested right now I'm not that's not well so if I can you drop this I'm not done talking we're done no I wasn't done talking we're done we're done the arrest threshold was crossed once two independent facts were established the DMV photo did not match and false identification continued after Miranda was read under Florida law either fact alone can support probable cause together the case is significantly stronger ouch ouch my wrist is already messed up can you give me a straw cup sure this is hard I'm just putting my phone I'm just trying to make it easier so I can put my arm back put it in the car yes so I don't know if you understand what he's trying to tell you right so presenting false information that's another charge separate from what happened in there so you have another charge added so I'm not trying to have anything so we can go back and forth with this all day but that's gonna be an extra charge and it's a felony so I'm letting you know right now so whatever game you wanna play it is what it is so so if you wanna add an extra charge to what you already having there that's up to you alright we could be here all day so I don't want an extra charge of anything I don't want any charge okay so are you ready to identify yourself positively identify yourself or you wanna want us to keep on because we're gonna take you to county jail okay this is what's gonna happen when you get there we're gonna book you as a Jane Doe when we book you as a Jane Doe you're gonna be there until they identify you if it takes one year two years by law that's how long they're gonna keep you there until you get identified so either way you're gonna get identified so okay OK what's that alright what's the social media is it these days we couldn't we couldn't match it against anything OK because nothing nothing came back when we ran it with that social did you try going in DAVID and running it and see if there's a photo of us no my DAVID doesn't work so I'll have to leave you alone yeah um hold that what do you say hold that can I have some hot water yeah alright so what's in your phone is there something on this other pocket too oh it's a lighter and I think pen 2 which bank is that CBE Bank it's no call right here it's on the phone I was letting a friend know that I was getting detained she was on the phone the whole time not the whole time just literally 30 minutes oh for the last 30 minutes yeah that's a long time okay so what I mean she made that call while I was standing over here yeah he said he said it's a it's a Uber who's that my literally my my my person the person yeah doesn't make any sense stop walking over there that's what I say for my boyfriend it's not your boyfriend's your person yeah my person okay keep walking just keep going straight turn right go straight none of these are my cars listen I don't want to be put in as a Jane Doe obviously so I can give you my name so you want to give me your real name there it is a post Miranda admission on camera by offering her real name she confirmed every prior identification was false that statement does not just help build the false ID charge it eliminates the most viable defense she had you don't know me I'm trying to identify who you are but you're not you're over here you're lying to me the whole time so how can I give you information if you wanna lie it's okay keep going no I got you I got you where are we going to that car over there alright what's your real name you guys will you guys will have to write a statement okay okay so now the actual owner the actual owner of that account that account that account is still active right yeah just that so the that she this lady had the last four numbers of an old account okay they got well it wasn't an active account but the but it was flagged the second time right OK and then the actual customer had to go to the branch and open a new account and create a fraud case with the bank OK this lady had the last four numbers of that account that was flagged already she didn't have the information for the new account oh so when she came she she said I don't know my account number I just know the last four numbers um and here's my ID that's all she said okay and when you guys open it the account was flagged alright so yeah we checked the um she has all the information of the actual account number but when we run the the driver's license from the DMV it has the actual face of the owner so you don't see that it is thank you that it wasn't even her that's totally two two different people so and that's why we called just to make sure um and when we so I'm she's gonna go to jail and so so you gotta yeah so here yeah you have your ID oh I'll I'll do I'll do this part with you just start from here put your name and just write you know everything that happened all this stuff then I'll fill this one together with you with your ID okay and I'm not gonna forget anything so the you have to have to be a blue pen please oh blue a blue pen yes oh so thank you and I think is um uh you guys surveillance video you know so for the video cause we don't have access you guys will have to do a subpoena no we not because of you yeah you guys are the ones to subpoena so I'll arrest you yeah okay so alright so I'll leave me a business card I'll set I'll talk to Jim yeah who's in charge of the security we will give you a report number with the card as soon as you get it you call anybody can come and get it and get the video and do what what we call it a supplement to it yeah but we gonna need the video yeah and also check the other banks the other branches is the same TD branches right in other states yeah so you guys could still check over there and let them know if they could check the video if it's her they could as well because now we are able to to did did you identify her yet so now now we identified her who she is so they could be they could still file file uh those charges as well okay so it's across street line so it's a felony yeah the security guy probably with that account number will and the case will be able to look up the case when it happened the day the time and whatever and he might be able to put the video for that as well so I'll come back and grab this I don't want to disturb you in your lunch okay thank you alright so this case produced two distinct criminal charges from a single bank visit and the evidence supporting each is unusually clean the first giving false identification to a law enforcement officer under Florida Section 9 0 1.36 after Miranda after the call to the real account holder the DMV returned a non matching photo she kept identifying herself as Cheryl Long every denial in that window is a provable documented false statement to law enforcement the second criminal use of personal identification information under Florida Section 817.568 this prohibits the willful use of another person's identifying information without authorization or consent to obtain money or property this was the second documented attempt on the same flagged account connected to a multi state pattern spanning New York and Florida enhanced penalties are in play one charge for what she said to police the other for what she did at the bank Miranda versus Arizona 3 84 U S 436 1966 requires warnings before custodial interrogation officers read Miranda before the formal arrest that is the correct call the contested moment is what followed she said she needed to speak to an attorney under Edwards versus Arizona 451 U S 477 1981 a custodial invocation of counsel requires all questioning to stop but the officer had confirmed she was not yet under formal arrest under Davis versus United States 5 12 US 452 1994 an ambiguous invocation permits officers to seek clarification before ceasing questioning her follow up if you are really arresting me right now was explicitly conditional defense will argue invocation prosecution will argue ambiguity the physical evidence requires none of this analysis the missing hologram and the DMV mismatch are objective and non testimonial she was charged with both counts the lead officer receives an a minus he confirmed the account history with bank staff called the real account holder and ran the DMV cross check that produced the definitive photo mismatch under Terry versus Ohio 3 92 US 1 1968 the investigative detention was grounded in articulable suspicion from the moment the bank made contact he developed it into full probable cause before making the arrest continuing to question after a Miranda era invocation even conditional created an Edwards vulnerability TD Bank receives an A minus the fraud system flagged the account before the transaction was completed branch staff cooperated immediately providing account history and the call to the real Cheryl Long however this was the second attempt on the same flagged account a more robust real time alert may have escalated the response sooner still the coordination was thorough and materially advanced the investigation the suspect receives a d her most consequential decision was sustaining the false identity through a Miranda warning that continued through a live call to the account holder and a DMV photo mismatch she kept insisting she was Cheryl Long even after the officer confirmed the photo was not hers that window of continued false statements converted a transaction fraud into a documented post Miranda charge a second felony within her control to avoid she did invoke her right to counsel twice demonstrating awareness of her constitutional rights but invoking counsel while continuing to make statements eliminates the protection the invocation was meant to create the eventual admission confirmed that every prior denial was a deliberate false statement not a misunderstanding three lessons from this case first a missing hologram is a red flag any teller or citizen can check a UV light or a simple visual inspection of the laminate layer can catch a printed forgery before it becomes a police matter second every false statement made to a law enforcement officer after Miranda is a stand alone charge the repeated denials did not protect her they compounded her exposure with each exchange third invoking your right to counsel only works if you stop talking the moment a suspect continues speaking after invoking the legal protection of that invocation is significantly weakened if this kind of real world legal breakdown is useful to you please subscribe and hit the bell it is how these cases reach people who need them thank you for watching