United States Eighth Circuit

In a criminal prosecution relating to firearms possession wherein defendant sought to suppress elicited statements and firearm evidence obtained from his vehicle on grounds of Miranda violations, denial of defendant's motion to suppress is affirmed where: 1) based on the totality of circumstances, questions regarding whether defendant had a weapon in his vehicle were prompted by the police officer's reasonable concerns about public safety; and 2) thus, under the public safety exception, defendant's statement and evidence seized pursuant to his statement were admissible even though Miranda warnings had not yet been given.

Appellate Information

• Decided 06/11/2008
• Published 06/11/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BOWMAN, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Omar Greene, Little Rock, AR, argued, for Appellant.


• For Appellees:
  
• David R. Ferguson, Fort Smith, AR, argued, for Appellee.