Do me a favor. Put your hands on your back. >> 25 Bravo one. >> One black male detained over here. Joe >> on May 18th, 2022. At a region's bank in Chattam County, Georgia, a homeless man tried to cash a $950 check that was not his. He was arrested and booked at the Cadam County Detention Center on forgery in the first degree under Georgia code 1691 and uttering a forged instrument under section 1692. This is that stop. What makes this encounter analytically significant is that the officer reached a legally correct outcome through a constitutionally flawed process. >> You know, you never use your ID and you cast a check for me. I'll give you a hundred bucks. >> So I gave you 100 bucks. He said he's going to give me 100 bucks for doing it just using my ID score. I ain't know I'm going to get in trouble because the check it didn't have no signature or nothing on it. >> Who is it? >> DC. The guy that gave me the check name. DC. That's all. >> That's all you know him. That's all you know about him. >> What's most do your hands on your back. 25 Bravo one, >> one black male detained. Let's go over here. 15 Joe, >> have a seat right here. >> Thank you. You have the check and everything, >> correct? >> Yeah, I have the original. Okay, just hold on to that. I got to get in contact with it. >> 16. >> What was the uh >> was the dollar amount? >> I'm sorry. >> Was it dollar amount? >> 950. >> Don't we keep the original? >> Yeah, we have to keep the original here. I can make that copy for you, but it's not >> right. You guys will get it back. I got a detective going on be that needs to see it. >> Okay. [clears throat] Yeah, that's absolutely fine. >> So, how did you go come about that check? Uh, guy gave it to me and just told me to just let me use your ID and he bought I guess took it. >> I guess he worked at >> 1042. >> You know the person who gave it to you? >> Yeah. He just be down by the store down by McDonald's on Montgomery. >> Mhm. >> The lady that came to me earlier, can she come back? >> Yes. >> 131. >> Yes, sir. Um, if at all possible, could you get your ID, her ID, telephone numbers for both? And as far as address, I'm using here for both of y'all. >> Yeah, that's fine. >> Um, cuz they're going to want all that information when they get here and talk. >> Okay. I don't mind giving mine. I'm used to doing that, but I don't know if she's going to be >> She's going to have to. She was the one that >> I called it in, so >> it doesn't matter. She was the one. >> Okay. >> All right. Well, good. >> Okay. Thank you. No problem. This is him. Check's $950. Um, they have the check. I'm about to call Sergeant for you right quick. I didn't have my phone. >> Okay. >> Um, the guy just came up to me asked me. He said he didn't have his ID ID with him and the asked me did I have ID and gave me a check, you know. And I just he put my seat, sign the check, just bought it in here. That's all I did. You don't know this guy? >> Well, I seen him before. He was up at this 42 involving that truck. >> Please, we'll have one. >> And he say, you know, you cast a check for me, you know, you let me use your ID. If you cash a check for me, I'll give you 100 bucks. >> So, I gave you 100 bucks in cash. >> No, he No, he said he was going to give me 100 bucks to cash the check because he didn't have his ID. >> And how much was the check? But no, I think $950 I believe. >> 950? >> Yes, ma'am. >> $950. >> Yes, ma'am. >> Okay. >> And if you were going to cash it, where were you going to meet him at? >> Back at the honor of that store. >> That's kind next to Char City. Yeah. Next to Char City right there. >> Okay. >> Yeah. Because I use another guy's bike ride up here. You know what I mean? But he said he's going to give me 100 bucks for doing it just using my ID. So, I didn't know I'm going to get in trouble because the check it didn't have no signature or nothing on it. He just used my name. That's it. >> Yeah. >> Yeah. I didn't sign it or anything, you know. I just brought it up here. >> Just trying to cash it. >> Yes. >> What's his name? >> They call him DC. >> DC? >> Do you say where he staying at? >> No, man. I don't know where he stays at. You know, like I said, he comes up to the store all the time. Wow. >> And I know he work I know he work I know he works at at at a restaurant at Michael's up there next to um >> that laundromat up uh up up from the post office up there at Michaels. That restaurant I know used to be a chef there, you know. So I'm thinking that he's good. >> Where? West. >> No. Yes, ma'am. This west side east west side. Yes, ma'am. >> Oh, west of >> Yes, ma'am. So >> Montgomery Montgomery. >> So Montgomery >> it's Michael's I think it's Michael's restaurant. I know he worked there. >> I know he worked there but you know I think after his thought since he came to me with the check and he said he have his idea and just use my name >> you know just but I think he said I'll give you $100 if you take this to the bank and cash it for me you know. Yeah, I am. >> So, you stay at >> B Street? >> Well, I was I was there, but no, I'm homeless now. >> Okay. Staying for you. You don't have anything on you I need know about. Okay. I'm sorry. You in a predicament, man. >> Can't be trusting folks like that. [laughter] >> If it ain't cast, then you know what I mean? But can't be trusting folks like that. He has nozzle spray in that. So >> that's what >> nozzle spray. >> Okay. You already checking. >> I checking I got all his stuff in. >> Appreciate it. Now I'm going ask you a simple question. Who you meeting and be be honest with me? >> I am. >> Who is it? >> DC. The guy that gave me the check name. DC. That's all. >> That's all you know him. That's all you know about? Yes, sir. >> He's supposed to meet you over at McDonald's. >> No, he's over at the shop at Tai City. Over at Tai City. Where's Turn City at? >> Right there on Montgomery. Direct from McDonald's and Sh convenience store. >> So, how'd you get over here? >> Bicycle. >> Okay. >> So, where your bicycle at now? >> Right here in front of the bank. >> He said DC apparently works at Michael. >> Yeah, that's all that's the only thing I know him about. >> Okay. Start up this way. >> Yes. >> You going to be in route for for during the first and counterfeiting? You need help with anything? >> I can give her the CRN card for you. >> Yeah, that'll work. I got to pull a um >> What just unfolded was more than a >> Hey, how you doing? This is Officer Jones with the Savannah Police Department. How are you? >> Fine. How are you? >> Uh you got a call from Regent's Bank earlier? >> Yes, I did. >> Uh I just need your information for my report cuz he the gentleman got locked up and I'm having to do a report for it. >> Right. How about how many checks did you have stolen? >> About how many what? >> How many checks did you have stolen? >> Well, apparently I'll tell you I noticed that I couldn't find that particular check number. >> Uh-huh. >> Not too long ago. You know, this is a business account. >> I got you. And there are a few I we have a payroll company that issues you know checks or does direct deposits and I have a few employees that you know don't you know don't have direct deposit and I write them checks. So that's one aspect of it. Mhm. >> And then there's, you know, we have we have an alcohol, we have a wine and beer beer license, and we have to write checks directly to those companies because they can't, you know, that's legally the way they have to operate. >> Mhm. >> So, I write checks to them, you know, hand checks, >> right? >> So, those are those are mostly the checks I write, but I did notice that particular check number >> missing when I was writing some checks. I can't remember >> how long ago, but not more than maybe two weeks ago. >> Mhm. And and so somehow that check I think it was 151. >> Yes. >> Was was uh got in the wrong hands. >> Yes, it did. >> Not sure how, you know. >> Yeah. >> If that if that helps. >> It it does. I mean, the gentleman that had it is now um having a free vacation stay by the Chattam County Detention Center. >> Okay. Uh now this gentleman, what else can you tell me about him that you know legally and >> uh well from what he said he received the check from another individual. >> Um of course they gave some type of street name for the individual and expressed that the person was going to give him $100 if he cash the check. >> The individual was homeless that had it. >> The individual what? >> The individual that had the check was homeless. >> Oh, homeless. Okay. Now, we have I I don't want to really I don't want to, you know, I don't want to name somebody as a person that did it cuz I I really don't know. But we had we had a lot of homeless people hanging around >> the uh restaurant for quite some time. Some of them knew each other. >> Mhm. And then we had one individual who uh did dishwashing for us that at one point I you know I had to write him a check because you know he didn't have direct deposit but then he said he couldn't cancel the check. And I mean it's only possible I I want to underscore only possible that at one point the check that I miss was missing might have got into an envelope for payment to you know one of these individuals but I what can I do to help? I mean >> uh you you you've done enough sir. I just needed that information. >> All right. And then the bank called me today and I I have to go somewhere tomorrow morning till sometime after 12:00 and I'm going to go back into the bank tomorrow. So if you want to call you when I get there if you need any kind of >> I didn't need any other information which you told me is more than enough to put in this report. Like I said the uh individual that had it was arrested. >> Okay. All right. will call me >> under Dunaway versus New York 442U S 2000 1979. Any detention beyond a Terry stop requires full probable cause. In this stop, bank staff flagged the check as unauthorized before officers arrived. Under Illinois versus Gates 462 US 213 1983. that report, a non-account holder presenting a forged $950 check satisfies the totality of circumstances standard. The fourth amendment was not violated. The fifth amendment analysis tells a different story. Under Miranda versus Arizona 384U, which led on 436 1966, custody plus questioning without warnings is a constitutional violation. The subject was handcuffed at the 45se secondond mark and questioned immediately. No Miranda adisement is audible anywhere in the recording under Missouri versus Cybert 542US 600 2004. A question first approach renders the resulting confession vulnerable to suppression under Rhode Island versus Inis 446U as 291 1980. The detective's open-ended questioning qualifies as interrogation. A Miranda violation occurred under Georgia code section 1691 and 1692. The state must prove intent to defraud. The subject argued he did not know he was getting into trouble because the check had no signature. Georgia courts reject that defense under the willful blindness doctrine accepting money to present a stranger's check evidence's intent, not ignorance. The subject was arrested and booked at the Cadam County Detention Center. Court disposition is not publicly confirmed at the time of this analysis. Officer Jones receives a B+ because his probable cause determination was sound. His evidence handling was correct and his follow-up call to the business owner established the full chain of custody. However, Miranda was never administered before a handcuffed suspect was questioned. Every admission the subject made DC's identity, his workplace, his location at Tire City on Montgomery is now vulnerable to suppression. A single warning before the first question would have preserved the entire evidentiary case. The subject receives a C. He complied immediately and kept the encounter calm. Those are genuine positives, but he did not invoke the fifth amendment once. He named DC, gave DC's workplace, disclosed DC's real-time location, confirmed the $100 arrangement, and argued a defense that does not exist under Georgia law. Lesson one, Miranda is mandatory the moment custody begins. Under Miranda versus Arizona, handcuffs plus questioning without warnings is a constitutional violation, regardless of how cooperative the subject appears. Lesson two, probable cause does not require a confession. The bank's report and the physical check were independently sufficient for this arrest. Officers should secure evidence first and question only after Miranda is on the record. Lesson three, the willful blindness doctrine applies to Georgia financial crimes. Accepting payment to present a stranger's check cannot be defended as ignorance. The arrangement itself is evidence of intent. Lesson four, the right to remain silent must be invoked, not merely possessed. Citizens have the constitutional right to say, "I am invoking my fifth amendment right to remain silent." That statement stops all questioning. Lesson five, independent evidence survives a suppression ruling. Even if the subject statements are suppressed, the bank's report and the physical check provide a separate and admissible basis for prosecution. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. We read all of them. If there is a body cam interaction or legal question you want covered, let us know. >> You need anything else?