On November 16th, 2024, the Los Angeles County Sheriff's Economic Crimes Unit arrested a restaurant waitress on three separate counts: driving on a suspended license, possession of a controlled substance without a prescription, and a pending embezzlement charge totaling $57,000. The first two charges are procedurally clean. The third is not because of what a detective did at minute 13 of the interrogation. >> That's okay. Morning, sir. >> Morning. Hello. Yeah. Who just What was the employee that just got here? Who just walked through the door? >> Ken. >> Are you Ken? >> Yes. >> Who is the other one inside? >> I don't know. >> Oh. >> Thank you. Do you have your ID on you? And your driver's license? Do you have a license? >> I don't. >> How did you get to work? >> I drove. >> Hold on. Don't go anywhere. Sorry, my people are talking on the radio, so. >> Okay. >> 10 13. Can you put me on a 10-50 at 234 Douglas Ave? Let's go to your car. Any weapons on you or anything? No guns, knives, bombs, anything crazy? We're going to Yeah, it's going to be Ford to tag. Alpha X-ray 43 uniform kilo, uh white Explorer. It even tells you. Why don't you have a license? >> Uh it's been suspen- uh suspended. >> I'll go look it up, but just tell me. >> Yeah. From Jersey. >> Your car's secured? No, I'm going to go back. Can you trade with me? What happened? >> I don't know. I'm in work. >> You came in scared me at work. What? >> I don't I don't know. You have no license. >> Oh, is that why you're stopping me? I was inside already. Please. >> I watched you pull up driving, you know, it doesn't matter if you're inside. >> were a victim the other day where I had an Airbnb. I need to work. >> You're a victim from the storm? >> No. >> Oh. >> My own personal stuff. It's my job. >> Okay. Well, I mean, we can see if you had any tickets recently. >> Uh no. >> How long has your license been no good? >> Uh >> Have you ever had a license? >> Yeah. >> Okay. >> I mean, my daughter has her license. >> Yeah. Is that Is this her car? >> Yeah. >> Okay. What was your license suspended for? >> I don't even remember now. It's from Jersey. >> Okay. Is it like just like speeding tickets or is it DUI or >> Uh I can't even remember right now. No, no DUI. >> So, Florida won't give you a license cuz it's it's New Jersey you're suspended. All right. Well, let my partner get back and he'll do some research and could just uh be a citation, but I can't promise anything. So. >> Okay. I'll have my daughter come get the car, please. >> Yeah. I'm I'm not going to tow it or anything. Uh you're cooperative, so. You work here? >> Yeah. >> Okay. >> Can I know what's going on? >> Yeah, we're just waiting for >> Can you take your bag off? Put your hands behind your back. >> Why am I being arrested? >> You have no license and you're driving. >> Please, I can't >> Put your knuckles together. >> Oh my god. >> You said you have a family member that can come get the car? >> Yeah. >> Do you know their number or you need it out of your phone? >> Uh I need uh >> No no knives or weapons or anything, right? >> No. [snorts] >> I'll just use the back of my hand and pat your pockets down. >> [screaming] >> She's got another little uh purse on the passenger seat. It's got uh a lot of cash in it, too. She's got some. But I left it there for now. >> Did you read her at all? Ma'am, hello. >> Good. >> Um I'm just taking your information. [clears throat] I'm with the Los Angeles County Sheriff's Office. Um I work with the Candy and Economic Crimes Unit of the Sheriff's Office, okay? Uh so, I have some things that I need to talk to you about. But before I do that, I'm going to read you your rights, okay? Have you been arrested before? >> Um nothing major. >> The major? Well, it's just like the movies. Uh you know, you're the Miranda rights route, okay? 18 and 16. I don't know how to speak English. All right. Do you understand that you have the right to remain silent? >> Yes. >> Yes. Do you understand that anything you say can and will be used against you in a court of law? >> Yes. >> Do you understand that you have the right to speak to a lawyer and have him or her present with you while you're being questioned? >> Yes. >> Do you understand that if you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish? Do you understand that you can at any time to exercise these rights and not answer any questions or make any statements? >> Yes. >> Do you understand each of these rights that I've explained to you? >> Yes. >> And then having these rights in mind, do you wish to speak with me? >> Yes. >> Before questioning began, Detective Raymond administered the complete Miranda advisement required under Miranda versus Arizona decided by the Supreme Court in 1966. The suspect waived each right individually and expressly agreed to speak. Under Berghuis versus Thompkins, an express waiver of this type is legally valid and the interrogation was lawfully initiated. The problem is not the waiver. The problem is what happened after it. >> So, I'm here to talk to you about your employment here with Homeland. Uh how long have you been working here? >> Uh 5 years. >> 5 years. Was it something else before? Was it a different restaurant before? The name? >> Uh I don't know. >> Okay. Do you have any idea why I would be speaking to you? >> No. >> Okay. What What days do you typically work? >> Uh Tuesday, Wednesday, Friday, Saturday, Sunday. >> Tuesday, Wednesday, Friday, Saturday, Sunday? >> Yeah. >> Are those full 8-hour shifts? >> Yes. >> And what is your real waitress or bartender? And how much do you make being a waitress here? >> Uh it depends. >> Okay. >> Uh between 1 150. A day. >> Is that including tax and stuff? >> Yes. Um now and I I I want you to be completely honest with me, okay? It's It's certainly not the end of the world. But there's obviously some serious stuff that we have to talk about. Um but I'll be honest with you if you're honest with me. >> Okay, which will go a long way. Help you out a lot more than >> Okay. >> Um Now, when you Have you ever taken any cash out of the register? >> No, I didn't. >> You haven't? >> No, I didn't. Uh we count we count down. >> Okay. Have you ever changed any orders or canceled any out and taken cash out of the register? >> No. >> Okay, so remember when I said be honest with me. Okay? That's That's what we need here with honesty. Okay? Cuz there's going to be some things that you're going to have to explain. And if you're not going to be honest with me, So, my next question, how do you explain the number of canceled items that you have just in the last year compared to your coworkers? Which are very significant. So, your coworkers have only had about $1,200 in canceled items. Yours are in $15,000. What's that explanation? How do you explain that? Honesty is important here, okay? I've already I've already talked to everyone I need to. I know the answers to a lot of the questions I'm asking, which is why I'm asking you to be honest with me. Okay? There's documentation. Okay? There's There's evidence that supports what we're seeing. Okay? So, explain to me that difference. >> didn't Is it a financial crunch? Is it something that can be explained? I mean, are you just >> I put mine in and then, you know, canceled and stuff, but over the past year. I don't know. >> And if it's Listen, just just be honest with me and and explain if it's that phone call that phone call from the house during the financial crunch. >> And you saw an opportunity and then >> But listen. >> But you saw an opportunity, thought maybe, "Okay, this will this will help us do what we want." Okay, and then, you know what? It did help, but now I have this going on. Let me do it twice. And then it just gets out of hand and gets away from us. We all make mistakes like that. Okay? The big part is owning up to it so that we can move beyond it, move past it. >> I don't know what to say right now. >> Well, try. Give it a shot. If I'm totally off base, that's not what it is, I'd I'd rather know the truth. I'd rather know what's really going on. I certainly don't think you're a bad person. I think times are tough for a lot of people right now and sometimes opportunities present themselves and when we're desperate, you know, we we do what we have to what we think we have to do. Especially in hard times. I don't know if you were affected by something to us. I don't know if there's other stuff going on. Yeah, yeah. I'm going to run trust. >> I don't know. I don't know what to say. >> So is that kind of what's been happening then? Cuz it sounds like it is. >> I don't know. Uh I don't know what's happening here. then uh yeah. Um where do we start? I just want to say that I I just wanted an honest answer. So if that's what's happening, then we can move to the next step and move move forward and move past it. >> Yeah, we can do this over the phone cuz >> So is that what's Is that what's happening? >> Um I need a lawyer. I don't know. I don't know. >> All right. At least the relationship >> Got you. Um so you said earlier that your your license was suspended up in Jersey. >> Yeah. >> What for, do you remember? >> I'm sorry. >> What for, do you remember? >> I don't. I'm sorry. >> Was it like tickets, DUI? >> I uh not DUI. >> It was like child support or something like that. >> No, it was uh >> It's got to be something that you did or something happened like that. Just give me an idea. >> I think uh not going to court. >> So you missed a court date and they suspended it. Okay. >> Yeah. >> Um and then you try Have you tried to get one down in Florida? >> Uh yeah. >> And they say what? >> I got to uh >> Fix that one first. >> Interesting. All right. So you know you can't be driving without a license on you, right? It's kind of illegal. Um How often do you drive? >> I'm sorry? >> How often are you driving? Cuz that's bad news if you get in a crash and like if ever there's something that gets hurt >> uh just work. >> Whose car is it? >> Uh my daughter's. >> Why don't you just get her to drop you off? Clearly she doesn't need the car right now. She could have just been driving and dropping you. >> Right. Um and she's had plans. Uh we we just been going through a lot. >> Oh, so she >> I just try to make it easier. >> She's got mama duties right now at home, is that why? Okay. Is there Are there baby baby seats in the back? >> Yes. >> Okay. All right, just hang out for a little bit. We're going to do some paperwork and then we'll send you on your way. The uh van is going to come and get you. Um as long as you're still cooperative and relaxed, they'll put the cuffs in the front and bring you down. You'll see a judge by the end of the day. And then they'll tell you the details of what they're going to do regarding bonding or not. Any questions for me? Okay. Are you from Poland? When did you leave? >> Uh 2016. >> That's a good while ago, isn't it? >> Yeah. >> We're right here. This is more of a curiosity. Do you want to answer it? >> Yeah, I I I was adopted. >> Okay. Did you ever learn to go back there? >> Yeah, I've been there once since I've been adopted, but I mean, since I've been here, but >> Are you bilingual? >> No, not anymore. >> You think you like lost it all? >> Yeah. >> It's been in there for quite a bit. But what is it? >> Um a pill. >> I know that, but like what kind of pill? >> Um I don't know. My friend gave it to me for my knee. >> All right. Give me a second. I just found something in your in your purse. >> It's Adderall. Do you have a prescription for it? >> No. >> How are you getting Adderall for a knee pain? >> Uh I don't know if that was the right one or not. >> That's Do you think she gave you the wrong one? >> Yeah. Well, I asked for the uh last time she gave me a white one. I think it was uh I I don't know. >> All right. Thank you. >> At 13 minutes and 23 seconds, the suspect said four words, "I need a lawyer." Under Edwards versus Arizona decided by the Supreme Court in 1981, those four words immediately and completely terminate all custodial interrogation. No redirect, no pivot, no continuation on any subject. The protection is absolute and the rule is categorical. The detective's response was to pivot to the driver's license topic, a different subject, the same constitutional violation. The government will argue Berghuis versus Thompkins that continued voluntary speech after an invocation renders the request ambiguous. That argument is difficult to sustain. Under Davis versus United States established in 1994, courts require only that an invocation be unambiguous. "I need a lawyer" is a direct first-person present tense request. Courts consistently read it as clear. The invocation was valid. The interrogation should have stopped. Every statement made after 13 minutes and 23 seconds is now subject to a motion to suppress at a pretrial hearing. Economic crimes prosecutions almost always require testimonial evidence alongside transactional data to establish criminal intent. If those post-invocation statements are suppressed, the prosecution loses its strongest evidence before a single witness takes the stand. The documentary record may still sustain the case, but the Edwards error handed the defense its clearest pretrial argument. The Adderall discovered in the suspect's wallet during property booking stands on entirely separate legal ground. Under Illinois versus Lafayette, law enforcement may conduct a routine inventory search of an arrestee's belongings at the time of booking without a warrant or probable cause. The search was valid. The Adderall carried without a prescription triggers Florida statute section 893.13. That possession charge survives any suppression ruling entirely and is independent of the embezzlement case. >> This almost for putting in her property and he's going to the jail. >> Okay. >> There we go. Let's do it. It's going to be a couple of us or a couple of them. One, two, let's see what we're doing some big bills. This is like back in the old days. Got to remember money again. >> 15, 16, 17, 18, 19. >> What's it to you? >> 19 smackers. >> All right, there's one. There's double stacks of all red chips. >> I got your four, I think we're tied. >> Oh, no. Cuz I know I'll lose if I mix them up. 20, 40, 60, 80, 100. 20, 40, 60, 80, 200, 20, 40, 50, 60, 70, 80, 90, 300. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15. 350. >> You want to count it? >> I'm good. >> All right. 5, 10, 15, 20, 25, 30, 35, 36, 37, 38. 39, 40, 41, 42, [music] 43, 44, 45. 46, 47, 48, 49, 50, 51, 53, 54, 58, 53, 56, 57, 58, 59, 60 61 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73 74, 75 80 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94 95, 96, 97, 98 I would set it. >> [music] >> Well, let's go. [ __ ] 98 No, it's fine. What? I got to piss. Leave it in the car. What? Two. All right, yeah. OOPS. YOU KNOW WHAT? I'LL PUT IT ON THE PASSENGER SIDE. WELL, I GOT TO GO CUZ I JUST double checked cuz I had to find a pill the envelope, so that's why. All right. All right. Oh yeah, let me go. It's huge. See if you can get it. This is so tasty. What's that? Yeah, the possession, and then she's got a couple of like uh fraud charges from the detective. >> Officer Gay receives a B. The arrest was legally grounded on direct observation of a suspended license driver, which establishes probable cause without ambiguity. De-escalation was measured throughout. One deduction signaling a possible citation outcome before proceeding to arrest created avoidable confusion that clearer communication would have prevented. Detective Raymond receives a C+. The preparation was thorough, and the Miranda delivery was technically correct, both of which deserve credit. But continuing past a clear and unambiguous invocation of counsel is an Edwards violation that no level of investigative preparation or case quality excuses. The suspect receives a B-. She was cooperative throughout, did not resist, and eventually invoked her right to counsel, which was the correct decision. The cost was waiving Miranda at the outset and making partial admissions before invoking, which leaves those earlier statements admissible against her. Three takeaways from this case. First, for law enforcement, an invocation of counsel ends the interview on every subject without exception. Continuing past that line does not extract useful evidence. It creates suppression issues that can unravel a prosecution built on years of documentation. Second, for anyone in custody, invoke at the start. Stating I want a lawyer before I answer any questions once and clearly shuts down the interrogation entirely. A mid-interview invocation after partial admissions is significantly harder to litigate than a clean up front invocation before questioning begins. Third, driving on a known suspended license gave officers an independent warrantless basis to arrest entirely separate from the embezzlement case. One avoidable decision provided the legal hook that initiated the entire encounter. 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