On May 27th, 2023, Akran police responded to a US bank branch after staff reported a man attempting to access an account under a stolen identity. >> Hi. >> Hi. >> I'm going to need you to wait a minute. because uh take a handsh pocket for me. >> Just wait a minute because we had a call. >> What's that? >> Saying that uh you were trying to do some transactions and weren't using proper information. >> I wasn't using proper information. >> Well, we're going to figure this out. >> I'm here. I don't have nothing in my >> Okay. Well, I don't I don't want you to reach for anything. It's fine. >> All right. You don't have any weapons or anything on you? No weapons. >> I'm going to I'm just going to pat you down and make sure. Okay. >> Can you put your hands on top of your head for me and release your fingers? >> Yep. Thank you. Where's your feet for me? >> All right. Thank you. >> All right. So, what what's your name? >> Well, don't don't reach for anything. Don't reach for anything. >> I'm just going to like >> Well, you don't you Well, when >> I'm sure >> Look, when an officer tells you not to reach for something, you don't reach in your pockets. Okay. >> Yeah. I'm sorry. >> Pretty simple. >> I just It's natural when you ask me something, my >> When when you are told not to reach for something, you don't reach. >> Okay. I'm sorry. My closet. >> So, what's your name? David >> Davey >> David >> as >> Yes. >> What's your social [ __ ] question, man? Can I write down my Can I write down? >> Can you just tell me? >> Yeah, it's easier for me to write it down. >> So, just tell me what it is. Um, can I please I I just looked it and it's hard for me to put numbers in order. It's all I want to do is just so I can write it down and then and it'll be much easier for me to >> just tell me what it is. >> I can't recall. Can I write my back hurting, please? >> Yeah. Sit down. Thank you. Oh god, man. >> What's your birthday? >> 7:3158 now. >> All right. What's the social? >> I'm trying to think. >> Where do we live? >> I live in California. >> You live in California? >> Yes. Yes. >> In California? >> Yes, sir. That's weird cuz you just gave that address that's on your ID from Colorado. >> So you got caught. You lied. Okay. No, listen to me. Okay. Because everybody you gave these cashier checks to have been going to other branches to cash them. Okay. >> That I gave them to. >> Yes. So look, they spoke to this actual David Colorado. They spoke to him. He's in Colorado. He didn't authorize any of this. Nobody spoke with me. >> So, you need to tell us who you are. Okay. >> Nobody spoke with you. >> You need to tell us who you are. Okay. >> I'm cuz listen, it's kind of weird that you know, you say you live in California, but you give your address that's on your Colorado. >> I have several I have several houses >> with the exact same address. >> No, but I said I said California. It's Colorado. >> So, what's your address in California? Cuz I'm going to verify it. >> I'm going to call that police department. Tell me what it's What city? >> Yeah. What city? >> It's Springfield. But >> Springfield, California. >> It's >> What's the address? I >> I don't >> So, you just own houses that you don't know the address of? >> It's an Airbnb, actually. And it's >> So, you rent an Airbnb? >> Uh, yes, sir. >> Okay. So, what is the address? >> I can I I can look stuff up for you. >> The address? >> I don't know the stuff >> because I'm going to call the owner of that Airbnb. >> It's fine. I But I >> Where's your cell phone? >> My cell phone's in my closet. >> Pull your cell phone out. Open your Airbnb account. >> So, you don't actually live in California, then? >> No, I live in Colorado. >> So, why would you give the address for Colorado in California when you know it's an Airbnb? >> Because I You guys have me flustered, sir. >> Have you flustered because you're stealing somebody's money? >> No, you have me flustered. >> Do you think banks are dumb? >> I would hope not cuz my money's in there. >> Or somebody else's money that you're taking? I would hope they're not done. >> How'd you get here today? >> I got a ride, got dropped off. >> So, where are you staying in Akan? >> Um, I'm not staying in a >> Where are you staying in Ohio? Why are you in Ohio? >> Cuz I just came to Ohio to uh visit my sister. >> Where's your sister living? >> Over in Avon. >> In Avon. So, what are you doing in Akran? Why would you come to the US Bank in Akran? There's there's US banks all over the country. >> There is US banks all all over. >> So why'd you choose Akan? >> Because this is where he he was driving and this is where I >> So you decided to come almost an hour to go to the bank right there. >> No, not necessarily. It's not I didn't come here just to go to the the bank. >> So who drove you here? >> Um I don't I don't know who. >> So you randomly got in a car with a guy? >> No, it's it's not a random guy either. It's >> what's his name? >> John. >> I I don't remember his last name. >> Okay. So, a random guy that you don't know because I know all my friends last names. >> Especially when I get in a car with them. >> And you came an hour to go to the bank? >> No, we came an hour to go shopping. >> Where? Where are you going shopping? >> All over the place. We We went to a few different places. >> Please tell me where you're shopping in Africa. Um, >> just we went to this. It was like a little thrift store over down the way, but I I wasn't driving through. I don't know. >> Where are your bags? >> What do you mean? Where are my bags? The >> thing you bought >> in And I left it in the car. They dropped me off. >> They dropped me off. >> Where did he go? >> I don't I don't know. He's probably waiting for me. >> What kind of car does he drive? >> A Nissan. >> Nissan? What? >> Oh, come on. Okay. >> Well, there's no cars in the parking lot other than our police. >> He was over there, sir. >> What's your sister's name? >> Jenny. >> Jenny. What's her last name? >> Same as yours? >> Yes. >> What's her phone number? >> I don't My phone's dead. If I had it, I would give you all I just tried on. So, if I call the Col if I call the Littleton Colorado Police Department and I have them drive out to this address, there's not going to be another male with this exact same ID and same name, is there? I sure hope not. I would definitely hope not. I mean, if there was somebody there with my ID, then that's >> So, let me ask you this. Why did you pull out a bunch of cashier checks and cash and stuff yesterday and then come out and try and pull out a bunch of cash today? You have bank cards? >> I didn't pull out a bunch. >> Do you have bank cards? >> Yeah, I have my other bank card here. >> Okay. So, why are you continually my other bank cuz this bank's not around here? >> Okay. So, you come to US Bank from Avon. You come down to Akan to US Bank. Okay. You don't choose the US Bank downtown. You don't choose the US Bank anywhere else. Hang on a second. Okay. We ask you for your address. You give us this address, but say it's in California and this is a Colorado ID. Then you proceed to tell me you have multiple houses. So I tell you to tell me the address in California. Hold on. I'm not done yet. So I can look that up and have the police department in that town in California, which is Springfield. That's all you told me cuz weird. Springfield's 250 ft down the road, Springfield, Ohio. And then you proceed to tell me it's an Airbnb. I tell you to pull your phone out to show me the Airbnb account so I can confirm that. Conveniently, your phone's dead. You pull a bunch of cashier checks the other day. Your cashier checks end up with people with California IDs being cashed at different US banks. You know all these banks talk. Correct. US bank talks to a male who in Colorado with this same name that says no that is my bank account. No, I am not doing this. >> Okay. And how am I supposed to I lost an ID about I I don't know a year or two ago, too. So, they possibly could have my ID. I don't I don't understand. >> And you're a grown male who doesn't know his social. >> So, you lost an ID how long ago? >> A couple years ago, >> was it? Cuz this was issued on 125 of 19. when you get a couple when you get issued a new couple years ago. I don't >> A couple years ago would be two years ago. So 21 >> a couple I it was a while ago. I don't I don't know like the exact date. I don't >> Do you see how your story is making absolutely no sense? >> You did you say that no social? >> Yes. >> So he's lying. >> No, I if I asked her if I could write my social down if she wanted me. Well, you got to remember it by uh >> Do you have any Do you have any other forms of ID in your wallet? >> Uh I have my bank card. >> Let me see those. Do you have any healthcare cards? >> If you don't know your social security, you're lying. I do. Hold on. Look at me. Look at me. I've been doing this 27 years. Every Hold on. Every adult male I've ever talked to that said they don't know their social security number is lying. That's my history. That's right. And then hold on, that's a known fact. So if you're telling them you don't know your social security, hold on. Why do you keep interrupting people? >> You don't have um trying to catch the checks. >> We have to do that for me, please. social security. >> That's not a Colorado zip or uh social security number. So, here's Try again. Here's the other weird thing. Hold on. Here's the other weird thing. You were in this bank yesterday. That's an Ohio social. So, you're you're staying in Avon and you were in this bank yesterday because that teller dealt with you. So, you came to Akan two days in a row. You're telling me you couldn't find a US bank closer to Avon? >> No, we came out here. So you guys decided that AC >> Aan is the shopping capital of Ohio. >> We don't have a single mall or worthwhile shopping center within the city and you guys decided to come all the way down from Avon where there's multiple shopping places up there in Cleveland everywhere. You guys decided Akran, Ohio was the place you were going to go an hour. >> I I I don't know. >> To a thrift store. >> No, that was one of the places we we went to. >> But now he's got a friend here. I thought you guys came here to shop. >> We did. He has revisits. We came twice. We were here. Actually, this is the third time we were here. >> If you're shopping, why are your hands so dirty? >> All right. I mean why my hands are dirty? >> Yeah. >> What did you pull cashier checks for yesterday? >> 14 to pay a contractor. >> To pay a contractor negative expired driver does >> US Bank is a national branch, >> right? >> But you are specifically choosing this branch. >> Um not necessarily It just >> But you were here yesterday, right? That's the This is the part I don't understand. You were here yesterday. You pulled a bunch of cashiers checks. Okay. What contracting company are you using? Cuz I'm going to call them. >> If I had my number, I'd give you their phone number. >> So, you have no idea the name of the contract that you're giving thousands of dollars to. >> His name is uh Roger. >> So, some random man. >> No, he does. He travels all around. >> So he he travels all around the country and does different houses, just residential houses. That does not sound very profitable. >> Where's he stand? >> Avon, he says, >> there's Hudson, there's Rodsworth, there's Aurora. There are any number of US banks that are way closer. Well, I can tell you David, he's a 64 year old male who's 6' 10 170 lbs. >> Do me a favor. Stand up and put your hands behind your back. Stand up and put your hands behind your back. >> You're not 6 foot. >> I'm 5'7. It >> means you're learning as usual, like I told you. So, why don't you stop your thing and tell us your real name and ID. So, tell us who you really are cuz we don't really care. We just want to do our job. >> Tell us who you really are. We're just going to send you as a John Doe and that'll be a lot worse for you. >> What do you have to do? >> Okay, we will. >> You'll stay all weekend and Monday's a holiday, so you won't get out till Tuesday. If you got stupid ass warrants you're worried about, our jail won't take you. Spread your legs. You think we're done, dude? Who's >> this? This is social and I don't know what for another bank. There's commitment fraud all over the place. >> What' you think? We weren't going to figure it out. No, you didn't. >> Exactly. So, tell us who you are. real name. >> What's your real name? >> Tell us what your name is. That is not your name. >> Because you are not 64 years old >> and you're not 6' 170 lb. I don't What's my ID tell you I am? >> Yeah. >> All right, let's go. >> Well, you never had a Colorado ID either. >> You and I are going to go sit down a cruise. I've never had a car like >> Your entire story is bull. Like I've never met somebody that's so willing to drop thousands of dollars. >> You know my story. What do you want me to do? >> I want you to tell us who you are. >> You know, I don't know if you understand the situation. >> Well, I don't because you've been lying to us the entire time. Who do you Who do you owe money to? >> I don't owe anybody. Then why are you stealing a bunch of money? >> Well, it's not about >> It is about steal. I mean, this is >> somebody puts puts me up to it and kind of pushes me to do me. >> All right, just hang on one second. >> Hang on. I'll put your condom and your money back in your pocket, but you can't have your lighter. I kick your feet. No drugs on you, right? No. Okay. All right. I need you to listen to me. Okay. First off, I want to know what your real name is. Stop with the you have my ID. Just tell me what your name is. >> I can in a minute. Yes, I will do that. I want you to tell me what your name is. >> I told you you have my name and everything. >> I don't. I have nothing in my hands other than my calendar. Okay. I want you to tell me what your name is. >> You can't have my name in there. >> I'm asking you if you do not tell us, we can charge you with failure to disclose. >> You charge me with everything anyway, sir. >> Well, we can't at this point cuz you lied to us. >> Going to It's It's a I mean, you lied to us. >> You never had good experience with police to begin with. Then why do you lie to us? I I us do. I listen. Hang on. Hang on. Hang on. Nameless man. The only nameless man in the history of time. You have the right to remain silent. Do you understand those rights, Mr. Nameless person? >> Yes. >> Okay. So, you want to tell me why you're in here >> withdrawing money out of an account that's not yours and then giving cashiers checks out to people? No, I don't wish to say anything. >> You don't want to say anything? >> I I I already told you this situation I did. I get pushed to do it. >> Who pushes you to do it? >> I don't know how to explain it. >> Well, try. >> Nobody can understand unless you explain it to us. >> No, nobody can. >> All right, turn around that way. I'm going to double cuff you. You're a big boy, Mr. Nameless. >> Can you please? >> Yes, I'm going to. Hang on. I just said I was going to double copy. See, look at that. I'm doing something for you. >> Don't do anything stupid. >> I promise. I've never >> I've never lied to you. Will you lie to us tonight? >> Come here. Give me your other hand. >> Straight up. It's going to be a little tight. You got big wrist and where your watch is. Okay, I'll adjust the other one. Hang on. But it's going to be a little tight and a little uncom that one's that one's as loose as it's going to go. Yeah. Hang on. Let me make sure I locked it. Nope. All right, hang out. Okay. You want the windows down? >> Yeah, please. No screaming or yelling. Okay. All right. >> So, those were the amounts for each cashier check. >> Oh, you need each check? I just did a total. >> Yeah. Do the total and then on another one, can you do each check for me? >> They got like 31,000. >> No, you're fine. Yeah. if you could break it down. Um do the do the two cashier checks from yesterday and then under each one. So do like you know cashier check one this amount, cashier check two this amount and then do the total amount do a line and then do the attempted for today. >> Okay. >> She's cleaning it up so it's easier to read. >> Identity. He said do identity fraud and misread. >> Okay. And can can he do the felony theft of $31,000? She >> I told you you got your >> I would do the felony theft. I'd run it by the PLA according to it. So do the Yeah. You guys talked to the victim of the cashier's checks. The guy No, we haven't. They have. The bank has the bank has called I know it's hot, but I mean, we got what we got here. Okay. So, remember how I read you, Miranda? >> Yeah. >> What's your cut out of all this? How much do you get? >> I don't get I I get drugs. >> You get drugs? >> That's what I need. >> What's your drug of choice? I do heroin. >> Heroin. Okay. So, you steal all this money for heroin. How much heroin do you get? >> No, just bad situations like >> Are you getting a lot of heroin? >> No. >> Just enough to get you high. >> They keep me like that. >> Yeah. So, that's not enforcement. >> Yeah, I got you. Okay. Look, we need to be able to verify who you are or jail's going to suck for you. Okay. If you have warrants, it is what it is. You're being charged today. Listen, hear me out for a second, okay? Before you talk, okay? You're being charged today, okay? You're getting a couple fourth uh degree felonies. >> Okay? If you have warrants, we're not we're we're beyond that. We're not worried about that. Okay? If you have warrants out of Summit County that you're worried about, you're you're going to Summit County. So, it it's >> I have warrants there from Texas >> for doing the same thing. >> Yes, I do. I got >> What would they What would they be for? >> Just wanted drugs. >> Drugs. >> Well, you ain't going They ain't coming to get you for drugs, man. >> No. Tell me what your real name is. >> It's Joseph. >> Well, unfortunately, you still committed a crime. It doesn't matter if somebody >> Listen to me. It It doesn't matter if somebody put you up to it or not. You still committed a crime. It doesn't make it. >> No, I I understand. But I'm just telling you, you were honest with us and the detective could possibly work with you, but we as patrolman, we have to go off what we have out here. Okay. >> What's going >> You're going to go to the county and you're going to be in there until Tuesday. >> Well, because it's a weekend, you won't be arraigned until Tuesday. because there's going to be no court on Monday. There's no court today. They they have Saturday court, but it's always over by like 11. >> A bankstaff tip about active ongoing fraud gives officers specific articulable facts, exactly what Terry versus Ohio requires to justify a stop and a limited weapons pat down without a warrant. Illinois versus Gates measures probable cause by totality of circumstances. A social security number belonging to a different state, an address that changed three times, a contractor's company with no name and no verifiable contact. The bank reached the actual Colorado account holder directly. He confirmed the account was his. He authorized nothing and that verified denial, not inference, is what established probable cause. Burkimer versus McCarti defines custody as the point at which a reasonable person would not feel free to leave. Ordering someone to stand and place their hands behind their back crosses that threshold. The formal arrest came at approximately 13 minutes and 34 seconds. Miranda was not administered until 17 minutes and 19 seconds. Nearly 4 minutes of custodial interrogation went unprotected. Miranda versus Arizona bars custodial interrogation before rights advisement. A 4-minute gap is not marginal. Statements made in that window are vulnerable to suppression. When Miranda was eventually read, the subject said he did not want to say anything in unambiguous invocation under Michigan versus Mosley and Burgis versus Tomkins. Interrogation must stop immediately. The officer's next question came directly after that invocation. There is no exception for follow-up questions once silence has been clearly invoked. Any statement made in response is subject to suppression. what the subject said after the violation. A third-party organizer running this through drug dependency may never reach a jury. Under Ohio Revised Code section 2905.32, that organizer still faces trafficking in person's exposure, and investigators can pursue it through independent means. Ohio Revised Code section 2913.49 prohibits using another person's identifying information without consent to obtain things of value. Three required elements, all established by bank records, and the account holders denial alone. Ohio Revised Code section 2913.02 classifies theft by deception as a fourthderee felony when the amount exceeds $7,500. The total here was 31,000, that is four. Refusing to provide a real name when officers have reasonable suspicion is a crime in Ohio. Ohio Revised Code section 2921.29 makes it a fourthderee misdemeanor. The refusal here lasted nearly the entire encounter. Under Ohio Revised Code section 2929.14. Each fourth-deree felony carries a definite 6 to 18month state prison term. Two counts consecutive puts the ceiling at 36 months. Prior warrants eliminate first offender treatment, shifting the realistic range to 12 to 18 months of active state prison time. The lead officer earns a B23 minutes of methodical inconsistency confrontation, ending with a height discrepancy that exposed the cover story completely. Disciplined, patient, and effective. Two failures lower the grade. Miranda arrived nearly 4 minutes after the custodial arrest and when silence was invoked, the officer asked another question. A Michigan versus Mosley violation and it will anchor the suppression motion. The subject receives a D. He maintained a false identity while voluntarily building the prosecution's case with each answer. The fifth amendment right to silence was available from the start and was never once used. One thing prevents an F. Confirming the coercive arrangement drug dependency as the control mechanism, a third party running the operation above him gives investigators somewhere to go beyond this individual. The fifth amendment does not begin at Miranda. It exists from the first question asked. Every voluntary statement made before council, before arrest, before any rights advisement, built the case piece by piece. When the subject finally invoked at minute 17, it was legally correct in 17 minutes too late to undo the damage already done. but it created the procedural failure that may keep the most damaging disclosures from ever reaching a jury. Contesting police conduct in a bank parking lot mid arrest is not a fight that gets won there. The place to make that argument is a courtroom with a suppression motion filed at the right time. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. 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