On August 30th, 2025 in Milwaukee County, Wisconsin, a 17-year-old girl and her family reported a sexual assault by a 28-year-old co-worker. Robertson was brought in that same night. The moment he sat down, phone taken, keys taken, door closed, the Fifth Amendment clock started. Miranda versus Arizona is settled law. Custodial interrogation requires a rights advisement before any substantive questioning begins. >> Okay, Justice. Uh real quick cuz you're back here. I just got to fill out this sheet here, okay? I got your cell phone and I've got your keys, all right? So, while you're back here, those stuffs that stuff's just going to be in possession while you're back here kind of thing, okay? Uh can you spell your first name for me? >> J O U S T R C E >> Can you spell your last name for me? >> R O B R T S O N >> Thank you. All right, man. Uh I want to talk to you about what happened tonight. Uh I know we kind of talked about it a little bit at the the house um cuz I wanted to get your initial just feel for for um what was going to happen and stuff like that, but main concern here is is obviously the Red Lobster stuff. Um you kind of alluded talking to you and then she did something with some other guy that created a problem where he had to leave kind of a deal and stuff like that. Um I'm mainly concerned with the date of August 17th. Both of you were working, okay? Um and during your shift or close to the end of it, I guess some things might have happened um that I kind of want to get your your take on stuff like that. Do you want to run me through maybe what happened on the 17th, any conversations you would have had with her or anything? >> We was it We didn't have a conversation. You know, but everybody kept asking me if I was like, "Oh, what's going on? What's going on?" And I'm I was really confused, like, "What y'all talking about?" But because you know, we had a bunch of parties there, so I'm a bus our clean tables, so I have to rip and run and clean tables. >> I see. >> So, I was I didn't notice but I guess everybody else noticed that around. >> Okay. >> And when people ask me what's going on, I'm like, "What y'all talking about?" Then I'm like, "Yeah, I'm like, what y'all talking And then they was like, "Look behind you." So, I looked. I'm like, "I don't know what the [ __ ] I don't know what the [ __ ] she got going on." Excuse my language. But I'm like, I'm like, "I don't know what the [ __ ] she got going on." What was what what she doing? >> Yeah. >> They like, "So, she following you." [ __ ] And I'm like, "Following me?" I'm like, "Oh, she's probably looking at me cuz she's a big brother there." But you know what? Because of that, like that's that's how we treat the younger females in the job. >> Okay. >> We treat them as little sisters. And then it was like the older people, we treat them as family, too, unless you want to talk to them. >> Sure. >> I was actually haven't known her long. Didn't know her. >> Okay. How long you guys have been working together? >> I was I've been working there for this month will be two Yeah, almost 3 months. >> Was she there when you got there for work? >> No, she wasn't. >> Okay, so she even's even less than you, probably, as far as how she So, you guys have only been co-workers for how long would you say? >> I'd say like a month and a half. >> A month and a half you guys have been co-workers, okay. So, you guys have only been working for like a month and a half, probably, together and stuff like that. So, you kind of explained to me that you people are pointing out that she was following you. Uh I guess what was your take on that? What was that she was following you? >> I didn't No, I didn't see none bad about it because I didn't look at her that type of way. >> Okay. >> You know, I'm thinking maybe she bought it like see me as a brother, so she following me around. >> I see. >> But then I don't know how she ended up with my Snapchat. >> Okay. >> But, I guess from the moment she got my Snapchat, then if I was she was trying to talk to me. So, from the end, I told her if I was I didn't want to but because she's 17. >> Okay. So, you knew she was 17? >> Yes. >> Okay. >> But, but like when she first started working there, if I was I didn't know. >> Okay. >> But, hold on. I had asked somebody if I was because if I was uh my the guy she did it >> to. I see. >> The guy she did it to was uh trying to talk to her. >> Sure. >> So, he asked me. So, I asked I'm like, I don't know. Let me go ask somebody else. Then, that's when I came back to him and was like, "Uh bro, she's 17." >> Okay. Okay. >> Then, that's when he like, "Oh, she she on she on me." >> Okay. >> But, like I didn't know I didn't like her on that type of level. >> Sure. >> But, she was just somebody to laugh with as I did with all my coworkers. >> Sure. Okay. And did you communicate over Snapchat or any text messages or anything with her? >> But, it was mostly if I was what you doing. What was what you doing today? Do you work today? >> I see. >> That's what that's really >> Just candid jail stuff as far as like just two coworkers talking over there. >> Then, then if I was she used to ask me, "How what you doing today?" And I just was uh going around one before I go to work. >> Okay. And do you have any of those messages still on your phone or anything like that? Nothing at all? >> No, cuz I had blocked her on Snapchat after she cuz she sent me some messages saying what you talking about. I'm weird. Why am I always bringing her name up? And if I was it And if I was it And I was honestly confused because I'm like, "I'm not bringing your name up." >> Would it be cool if uh we looked through your phone? Like if you were here with us and we got your consent, we could look through your phone to confirm there's any messages or no messages or anything on there? You'd be cool with that? Okay. I got to go get a piece of paper just for our records and stuff saying that you're cool with it and then we can look through with you. Okay, obviously I'll have to hold on to the phone and we'll go through, but as long as you're sitting there with me and stuff like that, I can sit and see if there's any messages just to corroborate what you're telling me and kind of go from there, okay, man? All right, can you just sit tight for me for a second? Awesome. Appreciate it. no. Do we have any consent to search forms up here? >> Uh >> Thank you, man. Appreciate it. Okay, Justice. Um so, this is like I said, just uh for our paperwork and our purposes, just saying that you gave consent, obviously. Um it's going to be stuff that you just got to write your name here. Um and then I'm Officer Kramer, I can fill that stuff in, okay? We're only concerned about electronic device just cuz it's just your phone, and then I'll just have a signature here, okay, man? >> Mhm. >> Awesome. And then, can I just get your signature down here? Awesome. I appreciate it, man. All right, man. >> Custody doesn't require handcuffs. Berkemer versus McCarty put the test plainly, would a reasonable person in that position feel free to leave? Robertson's property was held. He was in a secured back room. And Miranda advisement appears anywhere in this recording. Before searching the phone, the officer obtained a written consent form procedurally correct on its face. Schneckloth versus Bustamonte requires consent be voluntary under the totality of circumstances, including whether the subject was in custody and understood the right to refuse. Statements from a custodial interrogation without Miranda warnings are presumptively suppressible. Evidence from a defective consent search can be challenged under the fruit of the poisonous tree doctrine from Wong Sun versus United States. The case survived. That gap should not have existed. >> Do you have a passcode on the phone here? >> Mhm. >> Okay, what's the passcode? >> Mhm. 106 >> 106? >> Uh 200 >> Awesome. Okay, so I'm going to go to the messages here. >> That's what it said. >> Okay, so this Can I just I'm just going to scroll up, okay? >> Yeah. >> Okay. >> That's what it said. >> So, you guys started talking today, it looks like. >> what it said. >> She started sending me today was while she was at work. >> Okay. What is this here? >> What she saying right there was is that what the [ __ ] she saying was I'm lying telling people that I wasn't trying to I mean so far she was telling people that I was trying to [ __ ] >> Okay. >> And then people was coming to me like, "Well, you trying to [ __ ] with a 17-year-old?" And I was telling them no, I'm not trying to [ __ ] >> On Snapchat? >> Yeah, that being that. >> But the messages going to be saved or anything? >> that was that's that's what I was saying. I had I had deleted everything and blocked her. >> Okay, which one So, you've already blocked her on there? >> Click that. And then hit contacts. >> All contacts here? >> Yeah, yeah, and then that was her. >> Yeah, I'm not going to be able to see anything that you guys had cuz you blocked her, got her out of there. >> Right. >> Okay. Any deleted things that I should be aware of? >> What you mean? >> I mean like I know that there might be like messages and stuff or screenshots or stuff that you might have deleted. Am I good to go in there and look at that? >> No, I never screenshotted anything. >> You never screenshotted anything? Am I able to just go in there and >> That was her doing all the screenshots. >> I see. Can I just go in and just double-check to make sure? Okay, so I can go into photos here. You cool if I just run through the the photos and stuff just to make sure, man? Okay, I just I don't need to unless I see something I'm going to just kind of run this like this, okay? She didn't send you anything or anything like that, man? >> No. >> No? No pictures or anything like that? >> No. >> No. Is she your girlfriend up here, right? >> Yeah. >> Yeah. How long you've been together with her? >> Uh 10 years. On her birthday in October it'll make 11. >> Really? >> Yeah. >> That's awesome, man. Obviously, I know you went through the Snapchat and deleted stuff and everything and blocked her and stuff like that. Are you I'm I'm just looking for complete honesty, man, like >> No, that's >> pictures that were sent, any other messages that would have led led you to believe something else was happening or or like that? >> Uh she sent me pictures, but she deleted them. >> Okay, what kind of pictures did she send you? >> Like photos of her in underwear and stuff, but I really didn't see them but because like you you know like when people send you a picture >> Uh-huh. >> Snapchat on Snapchat it'd be a certain color. >> Okay. >> But when I clicked it was I didn't see anything because she had already deleted it. >> I see. So you you said you like opened up those pictures, you kind of saw those like whatever sub a couple seconds in Snapchat kind of deal and then it was and then it was just gone or whatever like that. You didn't save it anywhere or anything with that. Okay. You said they were pictures of her in her underwear though. >> Yeah. >> Okay. Um >> Which is obviously another reason why I blocked her. >> Okay, and that's kind of where my next thing is I'm saying like you obviously know you I've I've I looked at the record, I know what you got going on. I don't want you to you be messing around with that kind of stuff, man, right? >> Yeah, and that's what and I know my record and that's and that's exactly what was why I'm sitting here saying but nothing was going on. >> Okay. All right, man, I'll just be right back, okay? You still can't have your phone with you in here, so I appreciate your cooperation on that. I'm going to go ahead and come over here with this, okay? All right, man. Sorry, didn't mean to leave that pen in here. Um real quick. I'm going to keep it real with you, Justice. You've been super cooperative with me, so I only want to give you the truth and honest stuff, okay? All right. I did see other messages that are not included in your text messages there, okay? I know you can delete text messages, okay? What did you delete? >> The photos of her. I deleted them. One of them was like one of them One somebody at the job I told me that she don't like me I deleted all messages. >> Okay. >> And then and then once she started once she started saying that stuff on Snapchat, that's when I deleted everything. >> Okay. Um Here's the kind of thing, all right? I'm going to kind of get to the the bread and butter of of why I I want to talk to you and what you're going to kind of what you've been arrested for, okay? Um So, when I talked to she said that there was a night on August 17th that you put your hand by her vagina. And then there was slightly after that you had picked her up and gave her a hug from behind and both your hands were on her butt. Okay? Can you elaborate a little bit on there? >> I was one of those No. >> No? >> one of those never I was never put my hand on her butt. >> Okay. >> I was one of those I was I never gave her a hug and picked her up by her butt. I never even hugged her before. >> Okay. Um So, the only thing that leads me to believe that you're not being completely honest with me is just that the messages I saw on her phone that weren't deleted, again, from you, from the phone number you confirmed for me, from the same text stream that I just know that I just realized that's on your phone, okay? It only On your phone it only has today. And I know you told me that you deleted the stuff prior to that, okay? But, she has the stuff prior to that, okay? And I did see a message on there that kind of says um that you believe she wanted to be fingered. And then her message after that says that doesn't mean you can come up and touch me whenever you want and then you're apologizing. How am I supposed to take that one? >> I honestly I I honestly was just going along with what she said because I'm I was trying to avoid this right here. >> I know, but but she she does kind of You you mentioned that and and from her statement and then that interchange between the messages and stuff like that leads me to believe that you did end up touching her in that area. I mean, I I get that maybe nothing went inside her, but did you end up touching that area? >> I I said no. >> Okay, cuz I'm getting I'm getting her side and then I'm just saying that that text messages that she showed me >> Cuz like I probably bumped into her, but I didn't physically intentionally owe >> Okay. What about the What about the grabbing behind and and the butt stuff? >> No. No. >> Okay. >> I was I run around our store all day, so she probably mistaken me from bumping into her. >> Right. She's also kind of saying that this was closer to closing time, so like many people aren't going to be in there and stuff like that. >> multiple There was definitely people in there. >> Okay. Um and if I went to go to Red Lobster during operation hours and got video, like I know videos are running in there 24/7, am I going to see something? >> They don't have cameras. >> They don't have cameras? >> Unfortunately. >> Um So here's kind of the other thing. >> But there's There's multiple people at my job that can vouch what I'm going to say, cuz me and her don't talk. >> Okay. Um here's kind of the other thing though. Uh again, the reason why I'm trying to look through phones and I'm trying to get through some of deleted stuff is cuz I believe multiple items were deleted, okay? The first message I see from you, okay? I'll get I'll I'll get it out and I'll read it to you, okay? The first message I see from you, this is again on August 17th at 17:27 p.m. is when this message comes in, okay? Says I'll definitely eat that MF. I'll eat you exactly how you bent over right now. You bad, and you look like you taste good. What does that mean? >> I was trolling. I told I told people I was going to be trouble. >> Okay. So this is what I'm talking about, man. >> Mhm. >> I don't feel like you're being completely honest with me. >> No. I'm I'm I'm literally being honest. All that All that day I was telling people was oh I'm going to start trouble I'm going to start trouble y'all not going to like when I start trouble. >> But why would you do that when you know you got the provisions that you got man? >> Well that was that was that was that was before I knew she was 17. >> Okay. I So when you told me that you start communicating with her on Snapchat that you found out that she was that she was 17. Okay. This would indicate to me based on that statement that you were still communicating with her through text messages earlier than what you showed me on your phone so you deleted all that stuff and now you're telling you're trying to tell me that you didn't know she was 17 here. >> I told them before I knew she was 17. >> What picture are you talking about? >> Huh? >> What are you talking about about how she bent over? >> That was while we was at work. >> That was at while you were at work? >> Yes. >> Okay. So you didn't get a picture or anything like that? >> And she was all the way by the host stand and was and I was in the back. >> Okay. So you saw her just bending over and you decided to text her that? >> Yes. >> Okay. Do you understand why that is a big problem? >> Yes. >> Okay. That kind of violates multiple rules for you on probation. Okay? Here we go again. I was with you for real for real I get that but you act like you're definitely feeling that way and she's telling you that she doesn't and that you're lying and then you're saying that or she's saying that you said that you wanted to [ __ ] her and you're saying I said I wanted to eat you. So now you're admitting basically that you wanted to give her oral sex at this point right? >> Still trolling. >> Okay. That was yesterday. You didn't know she was 17 yesterday? >> I was still trolling. >> But you knew she was 17. >> Right but that's that's that's trolling. >> Okay. >> That's that's what you do when you troll. >> So, she says or I'm sorry. You say she told me that you told her you don't like me and I said, "Okay, tell her that I don't like her since she doesn't like me." I guess that's what I told her to say and she might twist her words around. Then you wanted to uh touch all up on me without any permission. You then reply to that and you say, "You're the one that wanted to be fingered so I thought you was cool with it." And then she says, "That doesn't mean you just want you just [ __ ] touch me." And then you say, "I'm sorry, I really am. I hope you can forgive me and I want to just be friends. I'll accept um I'll accept that, but if you do don't that's fine, too. I understand." Uh but I just want you to know how I really that I really did like you. And then FA for for you is it just for you? Is that what that means? Okay. Um so again that to me sounds like something did happen. Um and I don't I guess I don't really care for the fact that you're you're trying to to tell me that you're trolling or that that nothing did happen because again to me that sounds like something happened. >> that's me was trying to say anything was to avoid this situation right here. >> I get it, but that doesn't help in any of the situation because to me it kind of sounds like based on your apology and when you say, "You're the one that wanted to be fingered so I thought you was cool with it." Makes me think that something happened cuz then she's saying that that doesn't mean you can just [ __ ] touch me. And then I also have a statement from her saying that that happened. I got a lot of fingers pointing at that basically saying like something happened there. >> And I'm saying I didn't. Nothing happened. >> Okay. But then you apologized and you said, "I'm sorry, hoping you can forgive me." What did you mean by that? >> Uh again, saying anything to avoid this situation right here. >> Okay. >> Nobody was wants to be threatened was with the police so therefore anybody would say anything. >> I see. That was actually um I mean I guess she's been telling you she's right. She's been telling you that she was going to call for a couple of these. Sounds like you guys had a lot of arguments going through this. It wasn't just, you know, "Hey, are you going to be working tonight? No, okay." I mean, you guys have a lot of conversation here. That's not that. So, >> And that And that goes back to what I was telling you about that when she was talking about how I was bringing her name up. >> Yeah. Yeah, I see a lot of other work drama and stuff like that. And I have to say I'm not super concerned with that, but I'm concerned with the other stuff that did happen. And I guess if you're not If you're not super worried about anything happening, then I mean, you're you're very much you're kind of pleading here that she doesn't go to the police. I guess why? >> Hm? >> Why are you pleading that she doesn't go to the police here? >> Because nobody wants to be in jail. >> I see. >> I'm not trying to get locked up for something that was blown out of proportion, for stuff that really didn't happen, for stuff that happened to another coworker. Ever since I've been out, I've been I've been doing good. I had I've had my slip-ups, you know, went and did changes and stuff. But, after my last sanction, I've been doing good. >> And maybe I should have used the word "kind of" slip-up. >> Yeah, that Yeah, that's a slip-up. >> This this whole conversation, I mean, all of this is kind of a slip-up. Yeah, right from that first message that I I saw. She sent you that. I mean, you shouldn't have been blocked and didn't even touch this with those rules that you have. Okay. And I have a I just have a quick question. I mean, did you It kind of says that you have to get approval from your agent to to from where you work and stuff like that. Did your agent approve you to work at Red Lobster? >> She asked me where I worked, and I told her Red Lobster, and she said, "Okay." >> She didn't ask any more questions? >> No, no. >> Yeah, okay. >> She didn't She she ask did I work with minors? All the things she asked was about the job was what what was my schedule. >> And so you would you kind of just did a she didn't ask you or anything like that kind of a thing. >> No, no, no because when I was when I first started was I didn't know if if there was minors there or not because everybody was I was running I ran into was old older. Everybody was of age. >> Mhm. But did they have an issue with you working at a restaurant at all? >> No. >> Okay. So here's kind of the deal, man. Um I've got that statement. And all you're kind of telling me right now is no, that didn't happen. Why would this be made up? >> She did it with the other coworker. >> The other coworker? >> She did she was she's doing the same thing was with the other bus room was at the job. >> Okay. >> And he told them that he didn't want to work there anymore. >> Okay, but why would she then name drop you? >> Because the same [ __ ] the same stuff was she's doing with him she's trying to do with me. >> And what is she doing with you? I guess what's what's what's the what's the part that I'm missing here because I guess I'm missing something. >> So she wanted to be with me other people in the job was talking about it. People in the job was told I had a girlfriend. And then that's when she blew up and all this started happening. >> Okay. But then you're texting her stuff about her being bent over and everything like that like >> That's trolling. >> I I don't >> It's it's not what you believe it's what >> I I just think that that's a I just think I'm going to be honest with you just I have to say that's cop out answer. I I don't think that's trolling, man. That's pretty specific for for the rules you know you have. That's pretty specific stuff you're sending her. That you cannot be doing. I don't believe you when you say that's trolling. Cuz I know you know the the weight of what's happening here as far as the rules you have to follow and what you're on parole for. Why would you even mess around like that? Cuz those messages alone probably get you a PO hold. So, when you keep telling me that you're trolling, I just I'm not I'm not taking that, man. And I I'm going to be honest, the way that you're you're you're presenting the trolling and the way that you're you're dodging around the the fact that, you know, I get that you you're saying that she's making the stuff up and stuff like that. I have pretty I have a pretty clear explanation from her as to what happened, and I'm not getting a reason to not believe her right now. So, help me out here, man, if that's the case. >> has a reason not to believe a female. That's going to happen every time. >> You said where we last left there is no cameras whatsoever. >> No. >> Okay, what about all the witnesses as far as friends and stuff like that she said were present when this stuff happened, too. And they would all tell me that this is all going to be made up. >> They They They They They all would tell you for that they didn't see me do anything to her. They They would also tell you for that I wasn't talking to her. They would tell you for that she wanted to talk to me, but I didn't want to talk to her. >> So, you're kind of giving me like So, I you're saying that you basically have no No like no contact during work, basically. Like you weren't talking to her. >> No. >> Okay, but see >> I would have I would have walked past her if I was doing my work. >> Okay, but see like were you texting her at work then? >> No. >> But that's what you told me earlier. >> No, I was not I wasn't texting her at work recently. >> I know, but with those messages those first messages of her being bent over you said that that was at >> Yes, that was at work. >> Okay, so that was at work. And then you don't text her at work. >> No, I did then. Now >> Okay. And then as far as what she's alleging happened as far as you you touching her down there and then you uh grabbing her up by her butt and and holding her up kind of a deal. That you're saying that that did not happen at all. >> I did not. >> Okay, and you're telling me that the only reason that this would be brought to my attention is because she's just trying to get at you for what? >> Look, what she said is mad because of the fact that was she thought because I wanted to be with her because but I had a girlfriend at the same time. >> Why would she think that you wanted to be with her? >> She wanted to be with me? >> I get that. Why would she think that >> It was probably because >> you wanted to be with her. >> Probably because I'm a nice guy because and I laugh and joke with everybody at the job. >> Okay. No other messages or any other stuff? What about what happened on Snapchat? >> Look, I don't know. All that was was deleted. It was uh she started arguing. Then I started bringing up the other dude's name. It was the witches was witches all the messages that was that she deleted was was him was her telling me was what he told her and what she said to him about me. >> And who is this other co-worker you're talking about? >> Uh >> You said he doesn't work there anymore? >> No. >> I mean, just take a seat for me and just sit chill for a second, okay? I'll be right back. >> Under Illinois versus Gates, probable cause is assessed by the totality of circumstances. Robertson deleted his messages. The victim did not. A surviving thread that directly contradicts the subject's stated account is exactly the kind of corroboration that standard requires. Under Wisconsin statute section 940.225. Subsection two. Second-degree sexual assault covers intentional sexual contact without consent. Robertson's own text exchange and apology sent directly after the victim denied consent documents each element in his own words. Under Wisconsin statute section 948.12. Subsection 1M. Knowingly viewing sexually explicit images of a minor is a class D felony up to 25 years per count. The victim was 17. Robertson confirmed he knew that when he opened the images. Three counts were charged. Each carried the habitual criminality repeater modifier under section 939.62, which applies when the subject has a prior felony within 5 years. Robertson confirmed his prior incarceration and current supervision status unprompted during the interview. Extended supervision carries explicit conditions, including restrictions on contact with minors. Robertson disclosed the Red Lobster job to his agent, but did not disclose that minors worked there. A parole hold and a new criminal charge run independently. The Snapchat messages alone triggered the first. On March 20th, 2026, Robertson entered a guilty plea to all three counts. The judge sentenced him to 10 years initial confinement followed by 10 years extended supervision. Lifetime sex offender registration under Wisconsin statute section 301.45 mandatory, not discretionary. The officer earns a B+ effective interview technique, procedurally sound consent form. But the Miranda gap was real. Robertson receives a D. Every material admission came from his own mouth. He had the right to remain silent. He did not use it. Three lessons from this footage. When a person's phone and keys are taken and they're walked to a back room, they are in custody regardless of what the officer calls it. The right to remain silent exists at that moment. Not invoking it cost Robertson every admission that followed. Deleted messages are rarely gone. Robertson wiped his side of the thread. The victim's phone kept every word. In any digital investigation, the other device is often the complete record, and the subject has no control over what the other party chose not to delete. For anyone on supervised release, the conditions are not suggestions. The parole hold here came before the first new charge was filed. The charges came after. Understanding what supervision requires is the difference between one problem and two, and here it was both. 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 check out our channel for even more police interaction and courtroom content.