we got a crash males ran southbound 1 7 1 southbound 10:29 is 1 7 2 continuing eastbound one of them's got red underwear on he's headed north I got a chopper in the air you ain't going nowhere wait which way did that car go the guy with the gun what was he wearing he had on white jeans white T-shirt what do you mean light blue jeans yeah light blue jeans he had on white tennis shoes yeah white tennis shoes this part was this part was white and then this part was stop blue that's the only one I had seen on the right side no this whole bottom part what was your guy here when you took off running what what you pick him up at that he was laying on the ground like behind the truck your truck hit told the radio the other employee saying the gentleman that uh shot his friend was wearing light blue jeans uh white white P uh tennis shoes and he had a I believe it's a black shirt with white at the top on the right side and it's light blue on the right bottom by his stomach it was a black sweatshirt yeah said the shooter I don't know what shirt what the shooter what kind of shirt was he wearing he had on a jacket it was a jacket okay what color was the jacket it was this top part was white this bottom part was like a sky blue with light jeans no black shoes yeah yeah some of my I'm pretty sure this guy was wearing black shoes yeah no the guy who shot your friend it was it was multiple one give me a second huh so one of them probably have all black the guy who actually shot the guy who did the shooting you're describing to me said he had light blue that he had red white hair and blue what was the rest of the shirt that no it was a it was a jacket OK what was the rest of the jacket it was white up top and it was sky blue at the bottom OK he's saying the shooter had a what a jacket on that was white up top and light blue on the bottom he said the other one of the other gentleman had all black on what's going on you guys got someone where Brinks Brinks truck came to empty out the ATM uh huh somebody shot the where are they at OK we don't know Brinks truck took off OK yeah we're looking for Brinks truck guy shot yeah they're saying a bridge truck employee is shot we're speaking to Engine 30 the people at Oak Street Health so we're gonna look for him which way did it go right here eastbound yes 2022 2023 black Dodge Durango no license plates in on the window on August 21st, 2024 four armed individuals attempted to rob a brinks armored truck in Cleveland Ohio a brinks employee was shot the suspects fled this is the legal analysis of what followed the primary charge here is aggravated robbery under Ohio Revised Code Section 29 11.01 that statute requires use or display of a deadly weapon during the commission of a theft offense both elements are met on camera a weapon was displayed and the target was a commercial asset the armored truck the shooting of the brinks employee adds felonious assault under Ohio Revised Code Section 29 0 3.11 that statute requires knowingly causing or attempting to cause serious physical harm with a deadly weapon combined these two charges carry presumptive prison terms of three to 11 years each under Ohio sentencing guidelines the vehicle used had no license plates not merely a traffic violation it is evidence of premeditation a factor courts weigh heavily in sentencing under Ohio Revised Code Section 29 11.02 premeditation does not require days of planning removing identifying markers before a crime is legally sufficient to establish it we got it at 1 6 9 in Ozark going north on 1 6 9 towards Lake Shore Lake Shore peacebound on Lake Shore peacebound on Lake Shore we have permission we have permission chase it chase it ready to send 14 send 14 light it up Ryan you close we just hit a car trying to get back where were the last people give us the air we got a crash males ran southbound 1 7 1 southbound 10:29 is 1 7 2 continuing eastbound one of them's got red underwear on he's headed north still headed north he's around here somewhere over to one seven six maybe and that yeah one seven six and not in here get on the ground get on the ground I got one one seven six and out of here get on the ground 10 24 is 1 7 6 try I need cups I got it palm together palm together like you're praying this is gonna be the one with the red underwear there was another one right on your side buddy I don't know where he went on your side any weapons on you yo any weapons on you roll over turn over hey hey little sit with that car go to the Durango and sit with it go to the Durango and sit with it sit up you got three more stand up this way this way which way they go they're around here somewhere there was one right in front of him all black but he's the one I saw with the red underwear how old are you who is the mail attendant for Victor 89 next block over it's locked both my doors are locked when the Durango crashed and suspects fled on foot Ohio Revised Code Section 29 21.331 applied that statute failure to comply prohibits willfully fleeing a police officer after receiving a visible or audible signal to stop supervisory authorization for the vehicle pursuit was obtained and confirmed over radio a required procedural step under department policy that authorization protects the department from civil liability and ensures accountability throughout the pursuit chain of command during the foot pursuit officers used aerial surveillance to coordinate the perimeter a tactically sound decision in Illinois versus Wardlow decided in 2000 the Supreme Court held that flight from police supports reasonable suspicion here the standard is higher these are not anonymous individuals acting suspiciously probable cause to arrest existed from the moment the robbery was reported so the one in the red pants that are the red underwear that we got at 10:24 had another guy running with him I did not see him pop out on a hundred and seventy sixth is everything okay uh they just robbed somebody at gunpoint 1074 East 1/76 he's in that area come on out come on out come on out I got another one just one north of 1074 1024 East 1 76 come on out right back here guys don't you f*cking move put your hands behind your back right here right here oh he's underneath the deck yep alright go around the back he's around the he's underneath the deck I no I got him out here I need cuffs okay man we've been looking for you guys for a while right here put your hands together and palms together like you're praying yeah go to your car hey all right bud do you see anything under here roll your leg out roll over to your butt I'm gonna sit you up okay is there anything under there no no pistols nothing all right I'm gonna advise you your Miranda rights you have the right to remain silent anything you say can and will be used against you you have the right to an attorney if you can't afford an attorney one will be appointed to you do you understand those rights what's your name man which one is you what's your name alright well we're gonna add another charge to everything that's going on my man okay okay upon apprehension an officer delivered a complete Miranda advisement all four elements required by Miranda versus Arizona 1966 right to remain silent use of statements against the subject right to an attorney appointment of counsel if unable to afford one every element present full compliance protects the prosecution's ability to use any subsequent statements as admissible evidence when the suspect refused to identify himself the officer correctly noted an additional charge would follow Miranda protects the right to remain silent regarding statements not the obligation to identify oneself after a lawful arrest under Ohio Revised Code section 29 21 point 32 refusal to identify following a lawful arrest constitutes obstruction of official business the force used in each apprehension is evaluated under Graham versus Conner decided by the Supreme Court in 1989 that standard requires reasonableness judged from the perspective of an officer on the scene not in hindsight given the context an armed robbery a shooting victim fleeing armed suspects verbal commands followed by handcuffing falls well within constitutional parameters where is she at get on the ground get on the ground now get on the ground get on the ground get on the ground now get on the ground I got a chopper in the air you ain't going nowhere get on the ground get on the ground get on the f*cking ground yeah hands behind your back behind your back drop it drop that Milton custody no one custody radio 1441 I got one you got any weapons on you radio can we get an off article dog from where the Durango crashed what's happening no weapon I don't see any get up get up I dropped the mag I have to get my mag I dropped my mag over here back there I gotta go back and get it the responding officers receive a B+ Miranda delivered completely pursuit authorization confirmed weapons checks conducted immediately upon each arrest air and ground assets properly coordinated however one officer reported dropping a firearm magazine during the foot pursuit a weapons accountability gap requiring review tactical positioning near residential structures without consistent use of cover also presented officer safety risks the four suspects receive an F aggravated robbery felonious assault fleeing law enforcement premeditated executed with firearms in a public commercial area three submitted to arrest one continued to evade the law does not grade on a curve for partial cooperation the lesson here is straightforward premeditation is not Protection it is prosecution stripping a vehicle of plates coordinating multiple armed participants targeting a commercial asset each element compounds the charges not conceals them Miranda compliance and pursuit authorization are not bureaucratic formalities they are the procedural foundation that makes a conviction hold in court officers who skip those steps hand the defense an argument officers who follow them as seen here close that door entirely let us know if there is an interaction or legal topic that 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 interactions