You're going to get arrested. It's just not going to be the higher level. So, turn around with you. You want to give her your >> standby. You want to give her your phone to >> On April 20th, 2025, officers arrived at a residential address to interview a driver connected to a hit-and-run collision from 2 days prior. The encounter produced a felony arrest for aggravated vehicular assault and a confession obtained without a single Miranda advisement. This is that stop. What makes this encounter analytically significant is that the admission was preceded by a conditional benefit offer that defense council will use to challenge voluntariness. >> Happy Easter. >> Happy Easter. Okay, tell us a story. So, um, so I was driving and, uh, something popped out in front of me. I thought I hit a deer. >> Yeah, that's your story. >> Yeah. >> I'm going to call my boss to see if he wants you to go to jail or not. With that story, I'd rather just you be honest, just give you a ticket and go away. But obviously, you don't want to do it the easy way. >> Did I hit someone on a bike? You told me what you did. >> On the 20th of April 2025, officers are >> back door. Bob. >> Hello. >> Benjamin here. >> Yeah. >> You going to get him? >> Yeah. >> Plan on doing, Bob? Poking hooking them up. Let's see if he does everything and happy Easter. >> Happy Easter. >> Okay, tell us a story. So, um, so I was driving and, uh, something popped out in front of me. I thought I hit a deer. >> Okay, that's your story. I'm trying to decide whether to just give me thicker or take. >> Well, I wasn't entirely sure. >> I felt like I hit a pothole. >> Okay. >> It went the dunk the dunk. >> Oh, and then >> and then I >> blew your mirror off by hitting that chalk hole. >> I took a look after I took a turn and noticed that the mirror was hanging. You got your driver's license, insurance card. I'm going to call my boss to see if he wants you to go to jail or not with that story. I rather just you be honest and just give you a ticket and go away. But obviously you don't want to do it the easy way. >> Did I hit someone on a bike? >> You tell me what you did. >> I was >> I know your wife's here. might not want to see it in front of her or whatever else. Hey, it's Easter. Two policemen show up at your door. >> I wasn't. >> Obviously, you didn't hit a chuck hole. >> I wasn't entirely sure because by the time I made the turn, that's when I noticed. >> You noticed what? >> That the mirror was hanging. >> Okay. >> My lane assist didn't go off or anything. >> Okay. >> I saw an orange flash on the side of the car. Okay. distraction like no it came out of nowhere flash like I feel like there was a side street and maybe something came out and was not entirely parallel to the road. Were you coming from work or were you coming from abart? >> Work. >> Work. What time did you get off work? >> About 3:00 3:30. >> Okay. Where were you at after work? Where'd you go? >> Um, I went to a bar. >> That's I'm just looking for you to be honest. Now that makes sense. Like went to the bar after work cuz I know a lot more than asking. I'm just looking for honesty. I know you're bullshitting in the beginning. We're not gonna we can't charge you with OVI even if you were like I was drinking or whatever else and all that. Right. We're just trying to figure out what happened, get the people involved, get their get their information, get everything. That's what insurance is for. Right. >> Right. >> But people make it more difficult. I'd rather not take you to jail on HD. >> I appreciate it. >> Did you get hurt at all? >> No. Okay. >> Were you wearing a seat belt at all? >> Yes. >> Okay. We're part numbers. That's Is the car drivable still or? person. >> Did you hit a person or not? You keep asking me like a random thing or whatever else. >> Well, my worry was >> if you say if you say I hit a person or I hit or I hit a dog or I hit a deer like you told me I hit a deer maybe >> then maybe you hit somebody on a bike like I'm I'm only going to give you an answer to something that you tell me the truth. idea. I'm not going to give you the answers. You have the answers. I know a lot of the answers. >> Okay. So, was the person on the bike okay? >> So, you hit somebody on the bike, >> I believe. So, >> was it a a female, a male? >> I couldn't tell, but I was >> short tall. Adult cells. >> Adult. >> Yeah. >> Okay. Tall, short, fat, thin, >> taller side, thin. >> Okay. >> Is okay. All right. So, now you're telling the truth. They're in the hospital. >> They're not. >> How bad? >> Doctor. They're in the hospital. Right. I'm giving that cuz you're being honest for me. It works both ways. I'm just going to tell you the story. You tell me the truth. I'll tell you the truth. All right. Someone needed to get hurt. >> This encounter began as a knock and talk, a consensual doorstep contact requiring no warrant and no Miranda adisement. Under Burkimer versus McCarti 468US420 1984, custody is determined from the perspective of a reasonable person in the subject's position. The analysis shifts once questioning becomes accusatory and focuses on the subject as the target of the investigation. By the time the officer asked whether the subject hit a cyclist with two armed officers at his door and a jail or ticket ultimatum already delivered, that threshold had arguably been crossed. The central evidentiary vulnerability in this case is not the arrest itself. It is what preceded the admission. Under Bram versus United States 168 US 532 1897, a confession is involuntary if obtained by any promise of benefit, however slight. The officer's statement that he would rather give a ticket and go away delivered before any incriminating admission is precisely the conditional framing that courts examine under the totality of circumstances voluntariness standard. The officer's concurrent concession that OVI was no longer chargeable removed a perceived threat which may have further reduced the subject's resistance to full disclosure. The arrest itself was executed at the doorstep outside the home. Under Payton versus New York 445US5731 1980, a warrantless arrest inside a residence is presumptively unreasonable. By making the arrest at the threshold rather than entering the home, the officers eliminated that constitutional challenge entirely. A deliberate and legally sound tactical choice. >> This encounter is legally classified as really type stuff for a long time. >> The aggravator assault, >> the aggravated vehicle assault in a hit skip accident is what bumps everything up. Like if you just if you just hit somebody and did the OVI or did anything else like it's down here, but when you leave and there's an injury, then it goes into a vehicle assault. So basically, it's called that. You assaulted somebody with his vehicle and left the scene. you stayed there, it wouldn't have been called that, but you left the scene and stuff like that. So, we're not putting in the ODI part, right? So, it brings it down, but it's like it's still because of the hits part, it's still going to be a felony. So, you're going to get arrested higher level. You want to give her >> standby. You want to give her your phone, too? You want to take that with you? >> Okay. >> Will he be able to use it or? >> Nope. >> What if he needs it for phone numbers? >> He could he could you could use the phone. You can make phone calls. It's not from the cell phone. Could use our jail phone. >> So, he could he could call somebody. So, if he wants if he needs >> How soon can I be released? Uh, so we're going to go back, do the paperwork, and then they'll let you know on that. What do you say about the car? >> He's uh still working on that part. >> All right. >> What do you just >> give me whatever you have in your phone? Well, >> and then you could also call the jail too and put it through. Do >> you have any pocket knives or anything on you? >> No. >> Okay. What's here? Get that. Let's let's give her all that stuff. Okay. That way it doesn't get lost in the jail. What we got here? >> It won't let you. >> No. >> Okay. >> At the time of this analysis, the exact disposition of charges is not publicly available. The subject was arrested on a felony aggravated vehicular assault charge with the hit-and- run enhancement elevating the offense. The investigating officers receive a grade of B minus. Threshold arrest execution was clean and legally sophisticated. The officers correctly dropped OVI once the testing window had closed and maintained professional composure throughout. However, no Miranda advisement was given at the accusatory questioning stage, and the pre-mission ticket or jail framing creates a suppression record that defense council will exploit. The subject receives a grade of D+. Multiple false exculpatory statements, a volunteered admission that he had been drinking, a full description of the victim, and no invocation of the right to remain silent or request for counsel at any stage. The correct legal response to a knock and talk is to decline questioning and request an attorney. The subject did the opposite at every decision point. The department receives a grade of C plus. Tactically sound outcome, but an interview protocol that relies on pre-mission conditional framing without Miranda advisement invites future suppression rulings and conviction reversals on appeal. Lesson one. For citizens, the fifth amendment right to remain silent applies at the front door. Step outside, state that you wish to speak with an attorney, and decline to answer questions. This is constitutional protection, not obstruction. Lesson two. For officers, a prophylactic Miranda advisement at the accusatory questioning threshold costs 20 seconds and eliminates nearly every suppression argument the defense can raise. Lesson three for departments. Interview policy that requires Miranda at the focused suspicion stage produces stronger convictions and fewer reversals. The admission here may survive, but it should not have been left a chance. 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