United States Sixth Circuit

Grant of a suppression motion in a prosecution for possession of an illegal and unregistered firearm and being a felon in possession of a firearm is vacated and remanded where the district court did not make the factual findings necessary to determine whether the public safety exception to the Miranda rule applied and whether the search was valid as a search incident to arrest.

Appellate Information

• Decided 01/17/2007
• Published 01/17/2007

Judges

• BOGGS, Chief Judge., Before BOGGS, Chief Judge;  MARTIN, Circuit Judge;  and OLIVER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  E. Greg Gilluly, Assistant United States Attorney, Memphis, Tennessee, for Appellant.  Angela L. Pitts, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellee.   ON BRIEF:  E. Greg Gilluly, Assistant United States Attorney, Memphis, Tennessee, for Appellant.  Randolph W. Alden, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, TN, for Appellee.