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Second Circuit — ‘Miranda’: United States v. Ferguson
By: Daily Record Staff//December 12, 2012//
Listen to this articleU.S. Court of Appeals for the Second Circuit
‘Miranda’
Public Safety Exception
United States v. Ferguson
11-3806-cr
Judges Leval, Cabranes and Katzmann
Background: The defendant appealed from a judgment of conviction after a one-day bench trial. He admitted to possessing a weapon that he had discharged following threats made by a group of women. The defendant moved to suppress statements he made following his arrest, on the grounds that he had not been provided Miranda warnings.
Ruling: The Second Circuit affirmed. The court held that despite the interrogation of the defendant after his arrest, the realistic possibility that the defendant had left a firearm in a public place created an objectively reasonable need for officers to protect the public safety, thereby exempting them from informing the defendant of his Miranda rights.
Michael Hurwitz of Hurwitz Stampur & Roth for the defendant-appellant; Elisha J. Kobre, assistant U.S.attorney, for the appellee
Case Digests
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
- Fourth Department – Slip and fall: Black v. 465 Payne Avenue
- Second Circuit – Misappropriation of trade secrets: Pauwels v. Deloitte
- Fourth Department – Molineux evidence: People v. Anderson
Law News
- N.Y. Court of Appeals reverses murder conviction because of illegal search
- State board approves cannabis lawsuit settlements, paves way for the opening of retail dispensaries
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
- Rochester-area family sues over compromised medical records
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