United States Second Circuit

In appeal from conviction of possessing a firearm after having been convicted of a felony, the judgment is affirmed, where: 1) notwithstanding the fact that officers interrogated defendant an hour or more after his arrest, the realistic possibility that defendant had left a firearm in a public place created an objectively reasonable need for officers to protect the public safety, and thus allowed the officers to act under the "public safety" exception to the requirement that they inform defendant of his Miranda rights; and 2) therefore, the district court's denial of defendant's motion to suppress his inculpatory statements and physical evidence recovered was proper.

Appellate Information

• Decided 12/06/2012
• Published 12/06/2012

Judges

• KATZMANN

Court

• United States Second Circuit

Counsel