By: Daily Record Staff//December 12, 2012
By: Daily Record Staff//December 12, 2012//
U.S. Court of Appeals for the Second Circuit
Public Safety Exception
United States v. Ferguson
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