What do you, what do you do for work? >> I'm a student right now. >> A student? What are you studying? Nursing? What kind of nursing do you want What kind of nursing do you want to get into? >> I don't think it matters in the long run. >> It matters. >> It's not going to matter. >> This will be your last chance to tell me your side. Do you understand? Otherwise, all charges will go on you. Cuz I mean, this is a federal case. >> On July 28th, 2025, a coordinated bank fraud sting in Niantic, Connecticut, produced body cam footage that documents three distinct Fifth Amendment violations across a single 51-minute detention. The subject was detained under suspicion of check fraud using a fraudulent identity, Jacqueline Kennedy, and was found carrying a fake driver's license, two fraudulent debit cards, and over $1,000 in cash. The physical evidence case is strong. The testimonial evidence is constitutionally exposed. Violation one, defective Miranda. >> Hello, ma'am. How are you today? >> I'm fine. How are you? >> Good. How are you doing? >> I'm okay. >> So, what are you here for today, if you don't mind me asking? >> Nothing. >> Nothing? >> Yeah. >> Did you Is here to make a withdrawal? >> I don't >> No. >> Okay. Are you from here? >> Yeah. >> Okay. What part of What part are you from? >> Well, I'm from America. From New York. >> Oh, from New York. Okay, what are you doing in Niantic today, if you don't mind me asking? >> Just hanging out, you know. I recently My boyfriend recently moved here. >> Okay, what part? If you don't mind me asking. >> Here, Niantic. >> What's your name? >> Jacqueline. >> Jacqueline? Do you have a last name? >> No. >> You don't? >> I'm confused with what's going on. >> Okay, so I think you and I both know why I'm here. Um, there's been a report that's come out from a multiple banks in the area about somebody named Jacqueline and a photo of you, essentially, that is circulated attempting to cash some fraudulent checks here. >> Oh, I didn't know. >> Well, so hey, where we're at right now is um I need to see some identification, okay? >> Okay. >> Okay? Right now, that's getting taken that's getting taken. >> Okay. >> Okay? Before anything happens with this phone, do you have ID on you? >> No. >> You don't have any ID on you? Did you show any ID to the teller today? >> No. >> Okay. Hey, here's what's going to happen. We're going to take you over and I'm going to go put you in the car. We're going to talk to you, okay? You are being detained, okay? Is that you understand that? >> Yes. >> Okay. Obviously, you have the right to remain silent. You know all the rules, okay? You're not going to take off and run? Okay. >> Custody attached at 2 minutes 32 seconds, the moment the officer stated "You are being detained." Under Miranda versus Arizona, 384 US 436 1966, custody, not formal arrest, is the trigger. From that moment, all five warning elements become mandatory before any investigative questioning may begin. The officer delivered one element. "Obviously, you have the right to remain silent. You know all the rules." That is not Miranda. The remaining four elements were absent entirely. A complete warning requires the right to silence, that statements may be used in court, the right to consult an attorney before questioning, the right to appointed counsel, and the right to stop answering at any time. Officers proceeded to ask about identity, the boyfriend, the vehicle, bank accounts, and purse contents for 17 minutes before delivering a complete warning. None of those are booking questions. All are investigative. Every response obtained in that window is constitutionally exposed and subject to a motion to suppress. >> Ambulance? >> Okay. We're going to We're going to go talk outside. Come on. >> What do you have as far as stuff with you? Identification, anything like that? >> I don't have my ID with me. >> Well, Jacqueline, I know you're nervous right now. I know this is obviously very hard on you. But we have to get to the bottom of this, okay? Don't try to run. We're tracked so I don't want to let me fool you on that one. >> Look at me. I'm like 250. I can't run. >> I'm like 305, right? >> I can't run. >> I got you. Come on. >> I'm going to go to the bathroom. >> That's okay. Take a deep breath. I know you know why we're here and that's okay and you don't have to say anything. But we're trying to make this as easy as possible. The bank had warned us that this was coming in. This has been a obviously something that's been distributed around. There's a reason I came here today. >> Okay. >> And that's fair, correct? I'm not treating you unfairly right now, you don't think so? I got I got to ask. I got to have you sit in the back unfortunately. I know it sucks. Real quick. >> I got to pee really bad. I asked him when I first came in. >> Well, I will go as fast as I can. How about the Let me Let me get this seat belt for you. You don't have any weapons on you, no knives, guns, anything crazy? >> I have mace. >> Mace, okay. Don't mace me with the mace. Is it in your purse? >> Yes. >> I'll just take your purse then just You're good. You're good. Just so you don't spray me with any said mace. I've had to get that already in my lifetime and it's not fun. >> Okay. >> All right. Just keep that seat for me. It's probably going to be hot in here. I have the cranky AC the best I can, okay? >> Okay. >> You're being detained right now, okay? You understand that? So, you came from New York? Okay. What did you come up here today to do? What's up? >> Nothing. >> Nothing? Do you have an account at Charter Oak? >> Yes. >> Okay, you do have an account? You don't have any license or anything like that on you? Okay. Um can I get your name? I know you have the alias. I'm asking for your legitimate name. >> Madison. >> Madison? >> Yes. >> M A D I S O N? >> S Y N. >> S Y N, okay. What's your last name, Madison? >> P E T T A W A Y. >> P E >> P E T T A W A Y. >> P T T W A Y. Do you have a middle initial, Madison? >> M. >> And what is that for? >> Michelle. >> Michelle, that's your middle name? Hey, take a deep breath. What's your date of birth, Madison? >> 10 08 >> Okay. So, here's the deal, Madison. >> Okay. >> Obviously, we were told ahead of time that you were probably going to be coming. That's how I knew who you were, okay? We had a photo of you sent out through the banking community. >> Okay. >> When you came in today, they called and told us that you were here. This was something that we were waiting for and anticipating on. Um if we go through your purse, are we going to find forged checks? >> No. >> Counterfeit checks or fake ID or anything like that? >> You'll find a fake ID, but I >> Okay. >> I have no checks. I don't have them. >> Okay. So, obviously, we're going to go through your purse and we'll find whatever identification is in there, okay? >> Uh-huh. >> Um but what I uh What I want to talk to you about is obviously you have a fake ID. You came into [snorts] the bank today. I'm trying to figure out exactly what you were trying to do here today. Did your boyfriend drop you off somewhere? Did you let him know obviously you're burned and that we're here? >> No. He was like technically he smashed my phone. >> Yeah. Okay. Where Where is he parked? >> I don't know. >> You don't know? Do you know what kind of car you drove down in? >> I didn't drive in. >> Okay. Hey, I'm not asking you to sell the guy out. If you don't want to, you don't have to do that. Um Um but boyfriends might be in the area in a car in New York plates on it. Probably could see us already. Yeah, he probably did. Um What color car is it? You know Okay. No, cuz she's not She's not going to answer that. Um What else Am I going to find anything else in your purse that's going to be Cuz obviously you already told me there's a fake ID in there. We're going to go through it. Okay. You don't have anything else on you. I know Okay. Well, you seem nervous and I know obviously I'm trying to be as friendly as I can to you. Okay. Well, I'll tell you what. We're pretty cool. We're pretty laid back as far as it goes. I'm trying to be as fair as I can to you. I'm trying to make sure obviously you're treated fairly. Is there anything I can do to make you feel more comfortable right now? Obviously besides letting you go. You really got to pee. The problem is a lot of times you have people go in the bathroom and they barricade themselves in there. We don't have a female officer available right now. I might be able to see if I can get you one, okay? Would that Would that help a little bit? Oh god, what did you do to my car? You smudged the hell out of it. No, you're you're good. Let me just get the AC on. Madison P E T T Y A Y >> Yes. >> Like W A Y? Okay, I'll write >> It's Madison Pettway P E T T W A Y I'm going to write it again. You smudged the hell out of this card. I can't read it. >> Hey, where is she out of? >> M A D I S Y N >> Oh, Y N? Yes. Good call, man. >> Okay, you guys stand by real quick. Actually, the person you want to talk to is just arrived. He's a detective. >> And date of birth again? And you're out of New York? Do you have a license in New York or an ID or anything? Okay. I just got to make sure cuz got to run it the right way. Don't go smudging that on me now. This is Is that a New York name? >> Madison M. Petwell. >> Um we're already notified she's got a fake ID in there. We're going to search it. >> Okay. >> All right. >> 913 issue, name, date of birth. >> Go ahead. >> First name is Madison. >> How do you spell it? >> This is going to sit up front for a few minutes. Yes. Yes. I just had to make sure you didn't do anything wild with it, all right? Like you Telegram. Okay. It's going in the bag. Um I grabbed I grabbed her phone before she did anything with it. >> Excellent. Let's go ahead and >> But she's getting a call from Telegram. So most of her stuff is probably Telegram encrypted. She said there's a fake ID in the purse, so we're going to search that. >> Yep. >> Um like I said, phone we grabbed it. Hopefully it doesn't have the ability to remote wipe right now. It's in the front. I'll see if she's willing to give consent for it, but probably not. Madison, why is your name not coming back to anything out of New York? >> Cuz you guys got my birthday wrong. >> What do you mean? >> You said 1994 on the radio. I looked for it and >> You just told me 94. I wrote it down. I'm sorry. I must have misheard you. Try 1995. >> All right. Just run it inside. I'll be back. >> Issue, can you just run the birth year as 1995? >> And Madison's with a Y N. >> And Madison is spelled with a Y N. >> I got you. I got you. Hey. All right, it's a Y and I scribbled it out for you. How did I get you here? Hey, if you want to look forward to the front headrest you can. You told me there's a fake ID in here I have to search it, okay? I'm going to find the fake ID. No, I'm going to I have to go through the whole bag. If there's anything else in there I should know about before I go through? That's it? Okay. Hey. >> 913 no record found 820 Indigo Sierra Yankee November >> I can't We can't do that right now. You don't have anything wild in here that's going to like cut me, right? I got to ask. So we got two debit cards for Jacqueline Kennedy. Is that what the ID's for? Got a bunch of single You got candy in here. You didn't tell me about the candy. What's in the uh Saint Laurent Paris thing, anything? It's what? Identification in there? >> Identification. >> Oh, for the purse. Got you. I got you. I got to ask. Okay. Okay. >> 30 seconds. >> What's up? >> Do you have a description of the vehicle? >> Not sure on that. >> I need to make sure. You said uh to ask her that you you're out of New York, right? Have you ever had a driver's license or uh ID card in New York? >> Yeah. >> Oh, okay. All right. >> That's the name of the game, isn't it? >> Okay. Um so, just to be clear for you your correct spelling of your name is m a d i s y n, is your first name? And Pettaway, so p e t t a w a y? And what was your date of birth? Is your I got your name date of birth right. I have a correct spelling. >> Driver's >> First name Madison, m a d i s y n. Last name Pettaway, p e t t a w a y. >> $27 in singles. >> I got your name date of birth right. I have a correct spelling. >> Driver's >> First name Madison, m a d i s y n. Last name Pettaway, >> 15 16 17 18 19 20 21 2 3 4 5 6 7 8 9 >> $7 1,020s >> I'm not sure. >> Yeah. 50 $20 bills, 27 singles. >> I've been spending cash for a little bit. >> Okay. Just want to let you know as we counted it today and it was in your purse, it's on our body camera. So, as far as documents go, for what she's got now is oop, the two debit cards for Jacqueline Kennedy. We have a fake license for Jacqueline Kennedy. And then a Never even seen this design for her Turbo credit card, but Anyway. >> Do we Do we happen to have the the forged check that we were anticipating she was coming to deposit? Have we given her her rights yet? >> I already told her she has the right to remain silent. She's being detained. >> Okay. >> I haven't given her all I mean I'm close to gloss over it quickly. >> Violation two, two-stage interrogation. At 17 minutes 30 seconds, an officer acknowledged on camera that he had glossed over the Miranda rights. That admission is legally significant. Missouri versus Seibert, 542 US 600 2004, held that a deliberate question-first-warn-later strategy is constitutionally defective, even if a complete warning follows. The Seibert court required the curative warning to be effective, meaning the subject must genuinely understand that prior unwarned statements cannot be used to pressure post-warning admissions. When an officer acknowledges awareness of the deficiency on camera, the argument that the strategy was inadvertent collapses. That admission is the factual predicate a defense attorney needs to build a Seibert challenge. The full formal warning was eventually read at 19 minutes 28 seconds. A late warning does not automatically cure the constitutional exposure from the preceding 17 minutes. The pre-warning statements about the fake ID, the accounts. >> At this point, she's under arrest for this at the very minimum. >> Re-emphasize that. >> You want to just go through it one more time with her? >> Yeah. Have you got a You got a card to give them exactly? >> I I do not have a card. One of those cool ones. I'll get you another rights form out of my bag if that helps. We'll just do it written on scene. She's already been advised, obviously. >> Yeah. >> She's detained and she doesn't She has the right to not answer anything. It could be in the back of the phone case, too, but I don't I don't know. >> Does she normally get dropped off on her property or does she walk like somewhere? >> I was like she made it to cameras maybe in a car. In a car. >> Yeah, we could take a look. Yeah, matter of fact Well, that's kind of what I'm thinking. How are you? You're right there. Do you have the name card again? >> Yeah, it's that is Anyway, I believe it's on the card is on the uh So, it came back. >> I've got I don't know. I'm going to go in and see if we're about to give her her rights and I'm going to start asking her some questions. Let me see if they can check footage and see if they uh know what she got dropped off in or where she came from. >> Yeah, I think >> And then and then I'll uh broadcast that to you guys uh if we have if we can find it. Didn't know if you guys could access their their cameras, if you could see which direction she came from, if we happen to see her get uh dropped off in a vehicle cuz I got a couple people flood Main Street trying to Perfect. And then we're just giving her her rights right now. I'm going to go ask her some questions. You know, Charter Oak. I don't know if they're debit cards, credit cards, whatever. I don't know if she stopped somewhere else. Um I don't know what the deal is with that yet. So, we're going to have to try to figure it out. Uh they're both Jacqueline Kennedy. >> Okay. >> So, both >> That's a personal and a business. She has a personal and a business account. >> Okay. So, more likely than not she was bringing those to load the amount onto the cards, so we think? Or why would she show up with the cards cuz we don't see a check yet. So, unless she's got that hidden on her person >> So, the check cleared today, right? >> Oh, for her >> No, her her, >> Her account just got cleared for her to put the money in. >> Exactly. So, we have a any new account is a 30-day hold. You can't deposit anything. So, today was the day the hold was off, which is why we thought she would come >> She would come in. Sure enough. >> So, yeah, the debit cards we issue them immediately, but she can't load it onto the card. She would have to >> She would have to come deposit the check and then have Okay, perfect. >> Exactly. Then she can use her debit card. Which the both the debit cards have been used or on the business because there's a money transfer deposited into the personal and then they're transferring into the business and then doing DoorDash, Lyft, things in Manhattan. >> Okay, perfect. >> That's maybe we'll need a record of that stuff >> at some point in time. >> Can you have Jen print up the statements for the personal and the business for all those transactions? >> Perfect. Yeah, that'll give us some >> And then my supervisor, my corporate security supervisor is pulling the footage now. >> Okay, once you get that, if you want to just run out and let me know. Awesome. Thanks. Sweating out here. I'm sorry. Bear with me. Getting this AC car soon. Hey, so I already told you I've said verbally notified that you have the right to remain silent and you know that you're being detained. You don't have to answer any questions. I'm going to go through the full formal process now, okay? And we're going to sign this right here and now. Bear with me, all right? We're doing everything we can for you. Okay? So, Madison, you have the right to remain silent. If you talk to any police officer or anything, you can't Anything you say can and will be used against you in court. You have the right to talk with a lawyer before the police question you. You have the right to have a lawyer with you during questioning. If you want a lawyer, but cannot afford one, one will be appointed for you before any questioning. If you start answering questions before you talk with a lawyer, you have the right to stop answering questions at any time to talk with a lawyer. And you have the right to have a lawyer with you during any further questioning. You have the right to completely stop answering questions at any time. You have the right to be promptly interviewed about the terms and conditions of your release from custody while this case is pending. If you ask, you may have a lawyer with you during this interview. >> [snorts] >> You understand those? Okay. I'm going to sign this that I read this to you. I know you've kind of already invoked some of the not answering questions stuff, so I know you understand it. I'm going to have you sign right here, okay? On the bottom. I made that little mark. All right. Window? >> Yeah. >> Yeah, do you want the window rolled up a little bit? Is it cool enough back there right now for you? >> It's hot. >> It's hot? Okay. I'm going to see if we have that female officer on scene. Maybe we can take care of that, okay? >> 820 931 >> I have to let you know though cuz right now you're you're in custody. So might have to go in there with you, okay? We have to maintain custody of you. Okay? >> I know 7801 inside uh interviewing people in these things. I have special agent Tyler Martin on the line. Roger, can you advise her to hold on? Roger, that's what I was trying to make sure you had. Thank you. >> Special agent. >> Yeah. >> So she really has to pee. Hey. >> There's corporate is looking for the footage of the vehicle that dropped her off now. They're going to come out, give it to us, and we'll send it out to those guys. >> So two thoughts. She has to pee really badly. Um >> She's going to try to excrete the item that she's got She's got the check somewhere on her person. >> She does. That's why I want to have Nadia with her. >> Okay. >> Um I haven't decided exactly the the route we want to go here. She has to pee. I told her she's in custody at this point. We have the fake ID at bare minimum. >> Yep. >> Um we can hold her as long as we necessarily need to, reasonably. Yeah. Hello. >> Hello. >> Hey, so you on your camera on? >> It's off right now. >> Okay, it's on. So essentially, remember the email he sent out about the female that was going to come as Jacqueline Kennedy, this is her. Um we don't know where the check is that she's supposed to have. She usually has a check somewhere. It's probably on her person. She's in a like relatively tighter dress. Um went through her purse. She's got a fake ID. She's already going to be She's already under arrest and has been read her rights for that. She's now exclaiming how badly she needs to go to the bathroom. Could be true. Could also not be. Could be her trying to dispose of the check that she has somewhere on her. She tried to rapidly call her boyfriend to pick her up before I got I grabbed her phone. We have that. That's secure. Um Well, we're going to take her back to the PA at some point. We're going to have you do a search of her. If we determine it needs to go further than that and the chief authorizes it according to policy, you might have her manipulate her clothing have you manipulate her clothing loosely to determine if it falls out. >> Does she have like a wig or anything on? Extensions? >> I don't think so. >> More than likely she put it in her >> Okay. >> Yeah, but she has a bathroom to do it in is what I was saying. >> Yes. >> More than likely she has a tissue on her. Either she one time she stuffed it in her underwear or she stuffed it in her bra. >> Okay. >> So, either of those are the most logical places since she's wearing a dress. So, if she's used the bathroom, she's not going to flush the toilet at the PA to verify what is in >> You might have to be I told her I told her she's She's under arrest. She's in custody. If she's going to use the bathroom, we have a female officer. She may have to be in there with her. >> I'll go in there with her. >> You might have to yeah, stand with her. Make sure she doesn't >> All right. So, I was just going to have to go. She's not going to use this one here. We're not Is that going to be an issue? >> Is she using the one at >> No. >> Okay. >> I'll go with you. >> Did you guys have your briefing before you came to tell you about the car? Um so, she comes walking from the left um across the street like where those women are. >> Yep. >> So, from that direction it comes over and then comes down the middle. >> Okay. So, it's somewhere down that way. >> Somewhere down that way. When she originally opened the accounts on both days, uh she came in a white uh four-door. We couldn't tell if it was a Honda. Um but it was parked over there and then it was parked over here. >> Okay. >> Tinted windows. >> I'm assuming it's already Boyfriend already tried to call her a bunch of times, snatched the phone, so >> I have an image of of the man who came with her the last two times. I can get you guys an image of of him as well. >> Okay. We We currently don't have the check physically. It might be somewhere on her, which is what I'm assuming. I'm Ensign Bilburgentino. I'm one of the detectives here. How you doing? I understand you got to use the bathroom pretty badly. Okay. So, I'm going to be fully honest with you. If my understanding of the way this thing works is correct, you are probably someone who was grabbed by the folks who are perpetrating this whole thing. You are obviously not the mastermind of this. That's all stuff that's important, and if you cooperate with us and show us that you're willing to, certainly that's going to be helpful for you. Um I believe that you have the check on your person somewhere. I am going to have a female search you. So, I It would be easier if you have the check hidden or secreted on your person somewhere if you just produced it for us, rather than have her have to do the search that's invasive that you don't want to I'm sure you don't want to subject to. Okay? Okay. Where So, where where where is the check at? So, what were you come What were you coming here to accomplish? Oh, you were using both cards according to the folks at the bank. So, you guys came all the way down here from New York without the check. Well, there is going to be a check because that's what they're They've been using other people to get. Okay. All right. Well, I hope you're being honest. I hope that when the sergeant major searches you that she doesn't find it on you. Um cuz obviously that's going to disappoint me. That's Cuz at this point I'm treating I'm treating you and believing that you are not part of this. You were somebody who unfortunately was found in a situation where somebody took advantage of you. And that's how you ended up here. And I believe that's what's happened. I know that's seems to be kind of the MO of these folks who brought you in. So, if that's not the case then then I'm I'm mis-misreading it. Well, Okay. >> She's She's denying and she's giving consent to search her. She's saying she doesn't have the check. Or she just one of the checks one of the cards just wasn't activated. That's the only reason they're here tonight. >> Okay. >> Corey. >> Well, she gave consent to search so we have a female officer that can do that. If you got two debit cards with your Jacqueline Kennedy and debit card and they all know >> Yeah. >> Yeah, so the debit cards were issued to her when she opened the account. >> Okay. >> She used a fake ID. >> Yeah. >> We'll do that in the cell block. We're taking her in anyway. So, you know, there's no uh >> Oh, and I can give you a special agent um >> Yeah, he just called me. I'm going to give him a call back. >> Okay. >> At bare minimum we have her identified now. You know, we have her name. If anything else comes up we'll We'll give you some charges over tonight. >> Awesome. >> So, you guys going to bring her in? I can get a statement here from the teller and come back in? >> Okay. >> Yeah, I think we jumped on it pretty quick before she tried to do anything. >> Yeah. >> Um Hey, we find a vehicle? >> No. >> No, no vehicle. She comes from across over by the gas station walked straight down. But I told him Last time she came in it was in a white four-door. Possibly Honda Accord. We have no idea since we didn't get the plates. >> Okay. Um we have the phone. Maybe she'll give us consent for the phone. All the It looks like he's calling via Telegram. So, Well, Telegram's a pain in the ass so it's all Unless we do it we It is. We could probably try to do a search warrant for Telegram itself. Um but regardless I'm sure there's some good stuff on there. We just have to put it on airplane mode. And if she gives us consent, we can run it over and have someone dump it. >> Yeah. We'll see maybe >> We'll see how cooperative she is in the station. >> Uh I do have a question for you. So, obviously this is on this account with the Jacqueline Kennedy. And um so, last year she came in posing as Kristen Goldman, didn't have an ID, with a a business account as well. Um we do have her on video passing uh an altered $410,000 US Treasury check that wasn't accepted cuz we deemed it as fake. Um that information we gave over to Tyler Martin, special agent. Um I don't know if that helps with your guys' stuff, but he has all of that. >> Okay. Yeah. >> It'll help It'll help at least solve that end of the case. >> Yeah. We'll work backwards >> Yeah. Yeah. >> Well, it also helps in our initial detention. >> So, just one more >> Yep. >> bit of reason why we grabbed her when we did. >> Yep. >> So, I'll search you when I search you, okay? Search you incident to arrest. I know you said you had to use the bathroom. I'm going to tell you this right now. If you use the bathroom, you decide to flush that toilet, I'm going to consider it as destruction of evidence or interfering. You understand that, right? So, I'm not playing around. If you have it on you, I would let her know right away. Okay? If you have it anywhere on you, let her know now. Like I said, you flush that toilet, you're going to be charged with additional charges. Do you understand that? >> No problem. >> Am I clear? >> Very. >> Okay. >> It matters to me. We've been nothing but good to you. We know >> And I just have to be I'm I'm on the phone telling >> I >> I get it. And you are >> I get it. And And I get it. All right? Let's go search you, all right? >> That's fine. >> Okay. It's a normal search. Nothing more. And if she's having it in there with you, okay? >> I told her no. >> Right. All set? Yeah. >> I don't want to do this, yet, but I checked. >> You checked? Nothing there? All right. Okay, you can you can take a seat. >> I'm going to just search you real quick. I know you've already been done once, but I'm going to do it again, okay? Do you have anything on you that's going to poke me or stick me or hurt me? No? Okay. What about the Has she been read her rights? >> Yes. >> What about the check? Where's the check? >> She asked me where the check was. I don't have the check. >> You don't have the check? >> She just um put her sweater back on, too. So, when I searched her, yeah. >> Are you going to have her turn this way? Are you You're wearing a bra? >> Mhm. >> I'm going to pull it, and I'm going to have you lean forward a little bit, okay? >> Okay. >> [snorts] >> Okay. So, no check on you? >> No. >> Evidentiary outcome. Physical evidence and testimonial evidence operate under fundamentally different rules. The fake driver's license and the two fraudulent debit cards are tangible evidence. They survive any Miranda suppression motion. Miranda suppression targets oral statements, not independently discovered physical items. The prosecution's physical evidence case is therefore unaffected by the constitutional violations documented here. What the suppression motions will target is the 17 minutes of pre-warning admissions. And the boyfriend's involvement are the primary targets for suppression. Violation three. Post-invocation questioning. >> Okay. Where is it? >> I don't know where the check is. >> You don't know anything about the check? Okay. >> I'm [snorts] sure this wasn't your idea. I'm sure this wasn't your grand scheme to, you know, bring the checks to the bank and whatnot, and go through that whole thing of trying to cash them under the fake identities. However, that it's a federal offense, as well as the possession of the fake ID today. That would That's That's a state thing, but we'll get through that. It's a felony, so it's serious, but when the federal government is involved, it gets a little It gets a little complicated. Um That's what he meant by, you know, cooperating. If you do have a check on you, like I said, I know you've been adamant you don't. I know [snorts] you've been adamant that you don't know what we're talking about and, you know, you can you can choose your right to continue to say that truthfully. Um I don't think that's going to help you in the long run. If you do know where it is, once again, this is your choice and it's it's completely your game to play. It probably would behoove you to give that forward. Because, like I said, this is a this is a this is not just today necessarily. There's multiple videos from multiple banks for a long period of time that have generated this kind of attention. All right? So, I just want to let you know what you're up against here. It's it's not the best situation. Do I think you're a bad person who wants to go out and defraud and scheme all these people? No. I think you're probably, you know, your boyfriend's involved. Whoever is having your boyfriend do it is involved. I think, unfortunately, you were used in this situation. You seem like a good person. You wouldn't be upset crying right now if you didn't have some moral compass. >> [snorts] >> Madison, your phone case, does that have a pocket for anything in the back of it? >> No, it just comes off the phone. It's a regular Apple case. >> So, there's there's nothing behind that? >> No, you just take it off. Nothing on it. >> There's nothing >> There's nothing in the case. Okay. >> Well, I just I need you to tell me that there's nothing. >> There's nothing. >> Okay. >> You want me to check? >> No. >> No. I don't know what a license is. I don't know what a license is. >> Okay. So, nothing nothing involving this stuff, though. >> No. >> I want to make sure. Does it could fit in the back of there? What do you uh What do you do for work? >> I'm a student here right now. >> A student? What are you studying? Nursing. What kind of nursing do you want What kind of nursing do you want to get into? >> I don't think it matters anymore. >> It matters. >> It's not going to matter. >> I would go day by day right now, okay? Step by step. Hour by hour, okay? >> It doesn't work like that. >> [snorts] >> Um Bruce came in and basically was like basically let her know that the feds were coming. So, I had that talk with her already. She is aware. They just didn't have to check on her from what we know. I don't know. Danny even came in and did another check, made her shake out her bra and everything. >> Well, maybe she's legit. So, she did tell me that she came in because the personal cards weren't working. >> Mhm. >> And she wanted to make sure they were. So, ideally, she probably wanted to have the personal cards working and was going to load the whole thing onto those cuz she had two of those. So, she could have obviously kept one for herself and gave the other to whoever her handlers were and they would have distributed whatever amount. >> Yeah. >> mean? So, maybe she was legit, going to go in, make sure those cards weren't working >> Mhm. >> cuz they hadn't There's no activity on those cards. She's been actively using the business cards a bunch in New York. So, that obviously that'll be something they can track if they so choose. Um but this one, there's been no activity. So, maybe they weren't working. And so, then she was going to walk back out and have get the check then and come back in. So, maybe that's what happened. Maybe the other, you know, the handlers still have the check, unfortunately. >> All right. So, >> The bare bare minimum forgery second with the surrounding circumstances. >> Yeah. >> If she wanted to turn her phone on. >> I'm sorry. Sorry. >> Is it just forgery in the second degree? >> That's only a charge. >> That's only a That's only a charge. >> Yeah, so, um I didn't know if the If you guys already let her know about the feds, I won't. That was the reason I was coming in. >> They did. >> So, forget that one. >> So, what I'd like to do is I'm just going to explain to you why we're here. I'm not going to ask you any questions right now, all right? And then it'll be up to you if you want to talk to us and then we'll go from there, okay? So, we started working this case last week and we've already identified the other subject that you did this with last year at Charter One Financial and Corporate Loss. And again this year. Our opinion is that you were being used and run. Basically, you're giving you're being provided this information and they're using you as the face to go do it to put all the charges on you. What we would like to do speaking with you is to get more information on the individuals working you. Does that make sense to you? Do you understand what I'm saying to you? Okay. With that being said, you I'm going to read you your Miranda rights, but do you feel comfortable speaking with us under the under the information I've provided you? Do you understand what I'm saying to you? >> I understand, but I don't feel comfortable speaking. >> You don't want to speak with us? So, that's your right. You don't have to speak with us. But, when I leave here, this will be your last chance to tell me your side. Do you understand? Otherwise, all charges will go on you. Cuz now this is a federal case. >> At 35 minutes 47 seconds, the subject stated, "I understand, but I don't feel comfortable speaking with you." Under Berghuis versus Thompkins, 560 U.S. 372,010, an invocation must be unambiguous. A complete declarative sentence expressly declining to speak meets that standard. The statement qualifies. Michigan versus Mosley, 423 U.S. 96, 1975, is unambiguous on the consequence. Once a suspect invokes the right to silence, all questioning must cease, not slow down, not pivot. Stop. What followed instead was, "This will be your last chance to tell me your side. Otherwise, all charges will go on you. This is a federal case." However, accurate those statements are as factual descriptions, they constitute interrogation after invocation. Any response obtained from that point forward is suppressible under established Fifth Amendment doctrine. There is a secondary voluntariness issue. Lynum versus Illinois, 372 US 528 1963, holds that statements are involuntary when obtained through explicit or implied promises of leniency. Conditioning the scope of charges on cooperation, even indirectly, triggers that voluntariness analysis. Telling a suspect that all charges go on them if they don't talk, functionally, conditions charging decisions on waiver of constitutional rights. That is a textbook Lynum problem. >> This is your opportunity to tell us what's going on. >> I don't have no information to give you. I don't I don't know. >> What do you mean? I can answer those kind of questions for you. I'm not asking you any criminal questions right now. I can answer some of the questions for you. >> I don't have information to give, like I don't >> Do you know who gave you the IDs, the Treasury checks that you were using, who told you how to open up the accounts, what accounts to open, the business accounts, how you were transported? You don't You don't know how any of that was happening? >> [snorts] >> I don't know. I don't know what information to give. >> What do you mean by that? >> I don't know. >> It could be as simple as telling a story. So, it the information could just easily be, "Hey, this person came and talked to me and said, 'Hey, I have a great idea for you. This is how you can make a little extra money.'" And then just kind of roll with it from there. It could be as simple as that. You may not know who these people are other than so-and-so and so from around the block or something, but any any little thing that you can tell us can be helpful. And it shows that you're willing to cooperate and tell your story, which may help us help you as opposed to allowing someone else to tell the story for you cuz we're going to talk to somebody else at some point in time and that may person may want to just pin it on you and say you're the you're the mastermind behind all this. Even though they're the ones with all the money. You know what I mean? So >> Yeah. I don't have any information. >> The post warning statements potentially infected under Cybert and any statement made after the 3547 invocation. Grades, the lead officer receives a C+. Evidence documentation was correct on camera currency count immediate phone seizure purse search with subject present. However, delivering one element of five at the moment of custody then questioning for 17 minutes with an on camera acknowledgement of the deficiency is not a procedural oversight. It is a structural constitutional violation. Detective Bergantino receives a B-. The case theory was accurate. The gender matched body search was correctly arranged. Interview technique was measured. The deduction continued investigative pressure after the subject's unambiguous invocation at 3547. Tone does not determine legality. A Fifth Amendment violation executed calmly is still a violation. The subject Madison Petway receives a B-. She declined to identify the vehicle, the boyfriend, and the location of any forged check throughout. Her invocation at 3547 was direct and legally sufficient. She did not flush evidence when threatened with additional charges. The deduction before any rights advisory whatsoever, she spontaneously confirmed a fake ID in her purse. >> I got nothing. >> [laughter] >> Yeah, I mean you guys laid it all out already. I mean Yeah, this is your chance to help yourself. Yeah, but I don't know. I don't know why the police officers said that. >> That's okay. >> That's all right. >> Oh. I mean, I'm I'm kind of giving you your time because once I leave, that's that's it. I'm not going to ask you any more questions and then that's when the federal government will get involved and attorneys and prosecutors. This is your turn to just say, "Hey, this is what happened to me. This is how I met these people. This is what I was doing." It shows your level of cooperation. Cuz that's personally that's what I think happened to you. But if you don't tell me that, then I have to just go off the evidence that I have. >> It is what it is. I can't say anything. I don't have any information that would be [music] beneficial to you. You >> Well, you don't necessarily know that. You don't know what could be beneficial and what may not be. I mean, that's every little thread is a thread that we can pull and that can help us figure things out. So, it doesn't even necessarily have to be anything that you think immediately is important to you or it can help us. You may not even know right now the way that it could help us or where that thread will lead us. So, that's why I don't want you to to come in and think, "Oh, well, there you have nothing." Cuz I can guarantee you you have something that we would find helpful. >> You need some water or something? You want to think about it for a second? >> I just I have a headache and trying to organize my thoughts. >> Okay. You want me to get you some water? >> Yeah. >> Will that help you? Just take a minute. Just breathe. I'll get you this water. Okay. Here you >> [snorts] [snorts] >> While we wait, can you tell us a little bit about you? >> What would you like to know? >> Well, just a little anything you're willing to share. I don't know anything about you. I'm assuming you are you're living where in Newark or New York? >> New York. >> And who do you live with? >> My mom. >> Your mom? Okay. How long have you been living there? >> A year and a half. >> Any brothers and sisters or just you and your mom? >> Just me and my mom. >> Okay. And how's everything with your mom? >> She's good. >> She's good? Health good? She doing okay money-wise? >> [snorts] >> How about you? Are you working? No. When was the last time you were working? >> Last June. >> Okay. And what were you doing for work? >> I was a medical assistant. >> Medical assistant? How come you're not working now? >> I lost my job. I can't find a job. >> [snorts] >> I'm sorry. That's got to suck. Yeah, it's tough. The job market's real bad right now. Did you get any special training for the for that career? And even in spite of that, it's not helping you find any jobs? No. Have you branched outside of where you've been? Do you look in any other states or anything like that? And just no luck all together? >> [snorts] >> We were just trying to get to know her a little bit. Just kind of trying to see what's going on at home or what she's dealing with. She's living with mom. She has been out of work since June of last year. So, kind of kind of struggling a little bit. But, mom's good. Health's good. So, that's something. >> That makes sense. >> [snorts] >> What are you feeling right now? What are you What's What's going on? >> [snorts] >> I'm feeling worried. I don't >> Are you Are you afraid? >> Yeah. >> And what are you afraid of? >> I'm afraid of this whole thing. >> Are you afraid of what could happen to you because of us, or are you afraid of what could happen to you from somebody else? >> [snorts] >> Both. >> Have you been arrested before? >> Yes. >> What were you arrested for? >> I had an assault with my ex-boyfriend. >> Okay. How long ago was that? >> 2018. >> Okay. >> [snorts] >> Have you had any other issues with the ex-boyfriend? Or is that that done? Put that >> Yeah. >> Okay. That's good. >> Yeah. >> Yeah, sometimes those are those are tough to to break away from, so. >> Yeah. What am I being charged with? >> Well, right now we're we're just charging you with forgery second, like the officers who processed your arrest will let you know. But obviously, that's just specifically on today. Um you know, there's other issues at play here, and that's what these folks are looking into, so whether or not there's anything locally that we could charge you with, I'm not sure. That's why we're we're trying to see where this conversation goes. Otherwise, it you know, could it's could just mainly be their investigation going forward. >> Yeah, federally you're not being charged with anything at this time. We're investigating bank fraud, treasury check fraud, identity theft. It's a bigger case than just you. >> I know. Yeah. I'm not comfortable. I think I'll get a lawyer. >> Okay. >> Okay. >> Absolutely. Appreciate you coming to use this right here, okay? >> Thank you. >> No worries. >> Do you mind staying here while the female officer goes back? >> Yeah, that'd be great. Thank you. >> That pre-warning voluntary disclosure is the most self-inculpating moment of the entire encounter and the hardest to suppress. Key takeaways. First, Miranda is not a formality. The full five-element warning is mandatory at the moment custody attaches. An abbreviated summary creates suppression exposure across the entire pre-warning conversation. Second, invocation is a hard stop. Mosley requires complete cessation of questioning, not a reframe, not a last-chance appeal. Any continued interrogation after invocation contaminates the evidentiary record. Third, implied leniency is legally indistinguishable from explicit leniency. Conditioning charges on cooperation, even indirectly, triggers Lineham and can render subsequent statements inadmissible. Fourth, for suspects, say less, not more. The pre-warning fake ID disclosure built the prosecution's foundation before a single right had been formally explained. Silence exercised early would have changed the evidentiary landscape entirely. 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.