United States Second Circuit

District court improperly granted defendant's motion to suppress two statements he made during his arrest. Because the arresting officer asked defendant questions necessary to secure his own safety and was not trying to elicit incriminating evidence, the public safety exception to the Miranda rule applies.

Appellate Information

• Decided 12/19/2003
• Published 12/19/2003

Judges

• MCLAUGHLIN, Circuit Judge., Before:  McLAUGHLIN, KATZMANN, Circuit Judges, and SCHEINDLIN, District Court Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Alexander H. Southwell, Assistant United States Attorney (Andrew J. Ceresney, Gary Stein, Assistant United States Attorneys, on the brief), for James B. Comey, United States Attorney for the Southern District of New York, New York, NY, for Appellant.


• For Appellees:
  
• Joseph A. Grob, Of Counsel, Moskowitz & Book, LLP, New York, NY, for Defendant-Appellee.