a checked bag a stolen gun two brothers and only one of them boards the plane the one left in handcuffs keeps repeating the same four words it's not my bag and before this footage ends the officers will say something that may have already destroyed the case against him lot of marijuana man it's not my bag I don't know whose bag it is where you go he got on the flight he's on the plane no way so he kind of just left you high and dry here so watch as these passengers at the airport make a tremendous miscalculation under the Fourth Amendment's administrative search doctrine checked baggage at commercial airports may be inspected without individualized suspicion every passenger implicitly consents to screening as a condition of air travel when that lawful inspection reveals contraband the Plain View doctrine permits law enforcement follow up all the Resolution Room yes sir oh I don't know huh you guys wanna get down there thank you alright because we're Checkpoint 33 and our Resolution Room 35 see if one of the one of the units of 7 0 4 7 0 9 can stay upstairs and that way we can try to identify the suspect 33 yes I'm from here is that one of your passengers yes you know their name um alright we're gonna go 1% sure uh what's your what's your number of vehicle do you have so I can send you a picture of the information 9 5 6 4 9 5 6 4 go ahead and check your phone number if you got the information 7 bags 7 9 9 9 there was 2 7 on our account we're gonna have eight tonight everything copy 8 10 lot of marijuana man yeah it is yeah it is hi folks we're about to have an Edwards and uh forms here already and check until early night and morning I don't know if that's good for one do you have your can I see your side of the message forms here to our face thanks alright so what happened well the bag alarmed and I noticed that the bag wasn't properly locked so I'm going in there to assist them my initial alarm um of course it wasn't alarm which is against our SOP and um we're also looking for a decoration which wasn't there no problem when I was looking for the decoration that's when we just noticed these bags inside and then for the do you guys do serial numbers too cause upstairs they have to try to get as many close up pictures of me as possible and then really what I want to do is I got 20 26 rounds of ammunition 26 yeah what we'll try to do is we'll try to see if we can get some cleaner things off the tattoo I don't know if we'll be able to so we can we can test it um whichever one you pick just pick one and do it now or when we get back to the make sure you wake up so we can try to get a so the gun is stolen and I'll see you guys with some of my fingerprints and just to say you know I have a gun perfect mom OK yeah um yeah I told him at this point you know cause they're both doing the same thing so I told him jump in here and this is how we did it is it the gun is stolen yeah stolen out of Dallas OK last year we have 7:09 and 7:03 over there we have 7:09 and 7:03 over there we have 7:09 and 7:03 over there we have 7:09 and 7:03 see him checking it in yeah do you guys mind if I just take a picture of your backpack sure that one I didn't get um they have they're they're looking for the photograph they haven't sent who anything yet though oh is the other one have if they get the flight photos they're gonna send it to everybody that has his confirmation number thank you guys so much appreciate it no problem before I'll be able to get my TSA right now with the officers yeah yeah I know they they said they can't find him yet what he's not checked from the flight so he can't get on okay okay alright they can't they he not there either they don't know where he is well we're trying to find him on camera too okay um we'll talk to the detectives if they don't need the bag can we drop it off with you guys at the baggage claim yes inside the town cause at this point of time I don't think there's anything it's just closed but if they don't want it we'll come back later and just drop it off at the baggage claim yeah that's it for the end thank you all thank you bye Miss Leslie you got the one that open the back and locate it thank you yeah yep yep I got all of them thank you alright thanks she has on one she wasn't on one she has on one she wasn't on one Wilkinson yes hey can you take off your backpack for me really fast alright just put it on the ground go and turn around you just being entertained the first time can you help me thank you 7:09 we got one yeah detain in cuffs alright we can go sit over here we'll we'll grab your backpack are they too tight no ma'am alright how do you do you have any checked luggage no that's all my luggage right there that's it yes you want to check it back no okay how do you pronounce your first name are you traveling with anybody else yes my little brother he right there okay did he check a bag I'm not sure what's your little brother's last name um same as yours no you write that you write that talk to the lady black jacket yes match yours what's his name what's going on I haven't seen what's going on yeah we we we come over here that that's your brother yeah blood related or how come you guys don't have the same last name what what I'm trying to see what's going on though okay did you guys check in the bag check in yeah under the plane is it your bag or is it his bag what what bag the bag that's under Wilkinson Wilker Wilkinson's name what's what what happened though we have a bag that was checked under Wilkinson's name okay that's why we're here what so we're just trying to figure out what's going on why TSA called us over here in reference to that bag do you have any idea of what I'm talking about well if if it doesn't involve you so did you check in the bag do you have any luggage under the plane no you don't have any luggage yeah that's my yeah that's my brother so he has luggage yeah y'all got luggage yeah okay that you guys checked in under the plane yeah okay what what what bag did you have a marking on your bag no that's that's just that um flower bag that's the only bag we check in OK did he check it in or did you check it in my brother it's not his name OK so there is there any reason why TSA would have called us OK what happened hurry up that's why I'm trying to figure out I don't know I'm just gonna get on the phone okay so we just have a bag that we're we're investigating alright and we're trying to figure out what what's in the bag why TSA would call us for this bag and they identified this bag which comes back to your brother peace oh no my flight's gonna come in in like a second oh no do you wanna stay with your brother or do you wanna go catch a flight I mean if if you're you're you're not saying the bag's yours I mean it's not yours if you didn't check it in you didn't check it in he checked it in then we just gotta ask him some few more questions so alright yeah what happened to you he said it was a floral with flowers on it oh OK but they just said they checked in one bag OK all together but it was his bag that they checked in this is what what bag the name on it his name alright that's what I'm saying what I get well so I mean if you don't want to be here you don't have to be here so so if if you didn't check any bags then we just gotta talk to him if you said that was his bag OK so he said he identified the bag as his you can go check your carry on okay so you told me you didn't um check in the bag but your brother said you did check in the bag so you guys you did check in the bag I haven't checked anything these two bags I came with sir I'm I can't speak for nobody else OK just so I don't jump the gun here should we remember Miranda is on the fence I mean it's still a good time right now just I would just double check the central legal issue in this encounter is Miranda under Miranda versus Arizona 1966 warnings must be delivered before custodial interrogation custody is measured objectively under Barker versus Mccarty 1984 the test is whether a reasonable person would feel free to leave a handcuffed individual seated surrounded by officers asked whose bag contains a stolen firearm and narcotics satisfies both prongs that is custody those questions are interrogation warnings were required the officers themselves flagged this on camera calling Miranda on the fence under Edwards versus Arizona 1981 once counsel is invoked all interrogation must cease any post handcuffing admissions here face a serious suppression challenge do you have a time on that ticket and call MCR and find out exactly who who put it issue date 608:00am alright on CDM and he said he didn't check a bag no but his brother would said that no but his brother would said that that was his bag that he checked but he saying he didn't check any bag I would say why is your brother saying you know why are we getting one story from your brother hey this also side paper too hey can you do me a favor um look at the cameras at the frontier ticket counter area uh oh okay okay alright thank you 7 Fifteen's already called but we need to hold the tennis bag what turn this guy till did he admit the bag he's saying that he packed he's saying that he packed it that he checked it in so we're just trying to figure out whose bag it is your brother already said it's your bag it's my bag yeah it was a floral bag he said it was yours you checked it in okay that's where we're at but then but then you're telling me it's not your bag so I got two different stories you could have said that sir my bag my two bags was right here so why is it checked in under your name I'm not sure it been all type of complications with me getting through they say I was fine at first when I came through because my last name didn't say junior because I'm a junior and my and it was they was gonna say it was my dad they won't go let me through with that I was having a problem with that at first I've been having problems since I got here 6 a m like 5 a m I there's my only two bags I came with I understand so you're saying these are the only two bags you came with my only bags but your brother is telling us that you checked in a floral bag do you know what what he's talking about then no so why would he say that I don't know y'all go get him I don't know but these y'all check the cameras these two bags I came in with so he's lying to us is what you're saying I don't even know what he's told you I I just told you what he told you that you checked in a floral bag one bag floral bag you guys checked it in you checked it in and it's under your name I didn't check no bag and I didn't pay for no bag I didn't do anything so why is he saying otherwise I'm not sure sir I don't know I don't even know I'm literally telling you everything I know check everything okay so any reason why you think TSA would call us for they just called my phone but do you think any reason why TSA would call us the police to come respond to this location no sir this completely has me in shock I don't have anything I shouldn't have in either of my bags he said it's in one of the two bags what we found in the bag OK yes sir um we're doing some investigation if you're lying to us it's gonna be a bad day for you so we have cameras everyone there we're right now that's what we're doing I'm gonna let you know the process we're doing we're seeing who carried in that bag and who who who who checked it in but at the end of the day the bag is under your name and I'm trying to figure out why is it under your name I get that sir I don't understand why it's in my name it's been a lot of this latest things going on since I've been here to check in yeah but your brother doesn't work for the airport and he said it was your bag so Steve where you go he got on the flight he's on the plane no way so he kind of just left you high and dry here so I mean if you want to tell us is it his bag or is it your bag it's not my bag I don't know whose bag it is but you can ask me later I haven't checked any bag okay the the problem the problem we're having is the bag it has your tag your your reference number on it that you checked in that bag and then your brother said it to her back so kind of I didn't check any bag you have to check the cameras I don't they have your second confirmation so there are no second reservations under the sector I'm under the same one see so he has his own reservation and the bag was checked under that checked under this conference OK OK Steven has a bag in there OK checked in yes and it would have but this is the confirmation code of the bag that they have downstairs and yeah see but but did he check in did this guy check in a bag Fisher yeah he checked in a bag let me double check if it actually got checked Steven yeah he did he did check his bag hey did you check a bag in already ran him alright him yeah yeah yes no they said they didn't have it I didn't check any bag I have to check the counter I've been checking on your bag I mean I can check the cameras right now right now I've been checking okay I got my two bags I understand that just if you can come up with the logical reason why your name's on the back and why your brother is telling us it is your bag describe he described the bag perfectly as a floral bag I can't describe the bag to you I'm telling you what me so why would your brother say this I can't believe he said that cause it ain't mine I don't I didn't I'm literally walking with two bags I have also I don't want to compete I don't want to keep competing I don't want to keep repeating that I have my two bags no I understand you have two bags but that doesn't if if you can you don't have to repeat any of that just tell me why that bag has your name on it and you can clear all this up it's a complete misunderstanding I'm not sure what's your middle name and I say it starts with a d d what what's the name uh the Daryl d a R I E L d a R I E L yes there so Daryl Daryl yes that's right that that's it I'm just looking for a logical explanation why if it's your brother's bag let us know if it's your brother's bag I don't know whose bag it is that's why I'm trying to tell you officer I don't know I look I wish I could show me a video of me walking I'm saying it's not my bad so somebody's trying to frame you then or it's something going on it's been something going on since that's why I'm getting here late that's why I'm getting to my flight late because it's been something going on every step to get in here since I've been here literally like and I have my two items that wouldn't fit on that wouldn't fit on the flight and we're just trying to figure out what was in the bag that they caught us for I'm not sure about that and I'm not sure how that bag got my name on it I'm not sure about nothing these are the two bags that I walked in one on my back one on my shoulder two bags y'all just see me when I was I didn't pay for no bag to get put in the bag to go under the plane I didn't do any of that I don't know what he got going on anything OK I don't know did your brother check in a bag on that's what I'm saying that's what I'm saying we go ask when we when we start register for things and put our information in do our thing we go to different registers so you didn't come in together we did come in we did come in together he has his girlfriend with him and we split ways on this flight okay well well look at it this way your brother's your brother's on the flight you're here with us he gave us all the information we need to identify the bag and link it to a person the bags also leave you can't tell me my brother won't that bag to me cause he know that isn't my bag he told he he told me directly to my face that was your bag and you checked it in I'm not taking I'm not taking photos I'll give it to you straight no I would say anymore since you've actually taken him off of a plane and you're now you've detained him to the point where he is no longer going to get on a plane I would say if you ask him any more questions this is this is so we have enough boarding pass from there yeah I see our sense of picture yeah just yeah I would not question them anymore because yeah now that the plane is gone we're trying together with a reasonable person you know so just wait and see I understand that we get the picture 64 just follow that man right there these his bags you're a man yep alright perfect thank you they id them hmm they id them so at this point you have been ID as the person carrying the bag in so you are being placed under arrest there's marijuana in the bag and a stolen firearm hey you were you've been arrested before right you got a felonies so you can't possess a firearm regardless so no possession okay on the substantive charges the analysis runs concurrent state and federal Texas Penal Code section 46.04 prohibits a convicted felon from possessing a firearm before the fifth anniversary of release and thereafter anywhere other than the person's residence Title 18 United States Code section 9 22 subsection g paragraph 1 is broader it prohibits firearm possession by anyone convicted of a crime punishable by more than one year the stolen status adds account under Texas Penal Code Section 31.03 the marijuana quantity triggers Texas Health and Safety Code Section 4 81.1 21 Warrantless Arrest Authority flows from Texas Code of Criminal Procedure Article 14.03 what insulates this prosecution from the Miranda problem is independent evidence the confirmation code tied the bag to the suspect's reservation counter camera footage showed him entering the terminal with the bag the younger brother's statements made before any custodial posture are admissible under the inevitable discovery doctrine of Nick's versus Williams 1984 evidence obtainable through lawful independent means remains admissible the case rests on documentary and surveillance proof not on uncounseled statements no alright here we go we'll be the arresting officer since we made contact with them and spoke with them I don't want you to be the arresting officer alright so we can do the main report and you guys can do the supplement for the drugs or okay so you want to do the main report yeah and then we'll do the supplement I mean that just makes sense since we make contact and f*ck with them so I don't want to dump it on to you yeah yeah yeah so so once we put them we'll go in and help package and and all that stuff which way we're going we're parked right out here cause you're you're a smart man OK one of these jackets sometimes like this inside pocket no that they're gonna do that at the jail but if you have anything in your shoes and you try to bring it into the jail then that's another charge and you really don't want another charge for bringing something into a my ID hey we found your ID look at that I was playing on music the best way is to go in with your left foot and just kind of slide in oh ah f*ck ah f*ck where would I get a call once you get in and they process you you'll have a call if that makes sense will I get a bar they'll they'll talk to you about everything there okay 7 0 9 1 in custody in route to jail starting mileage 1 2 2 2 6 0 so anytime like when there's large amounts of cash drugs it all gets put into evidence and then our the the task force comes and they decide what they're gonna do with the money either if they if they link it to where it's not part of the a drug trade they'll give it back to you if they do see that is part of the drug trade then I I believe it gets seized I'm not 100% sure that's above my pay grade but right now it's gonna be seized in the evidence and then the detectives will look at it so the Constitution was present at this scene the question is who understood it the grades officers B+ professional and evidence driven but the Miranda advisement was incomplete Mister Wilkinson d compliant but strategically catastrophic extended engagement with interrogators while handcuffed and failure to invoke counsel the younger brother f voluntary on record statements damaging his brother followed by departure on the aircraft exposing himself to conspiracy and aiding and abetting analysis under Title 18 United States Code Sections 3 71 and two three takeaways first for law enforcement when Miranda is on the fence the answer is never silence it is the advisement two minutes of warning is cheaper than a suppression motion second for every passenger checked baggage is subject to lawful inspection without probable cause anything placed inside is voluntarily surrendered to discovery third for anyone detained the Fifth Amendment is not partial it is not suspended by casual conversation the correct invocation is nine words I am going to remain silent and want a lawyer let us know if there is an interaction or legal topic you would like us to discuss in the comments below thank you for watching and don't forget to subscribe to our channel for more content on police court 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