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Article • December 1, 2012
U.S. v. Ferguson, No. 11-3806-cr (2nd Cir.) (702 F.3d 89) (December 6, 2012) (Judge Robert A. Katzmann) by 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 …
Article • December 1, 2011
U.S. v. Simmons, No. 10-1526-cr (2nd Cir.) (661 F.3d 151) (October 26, 2011) (Judge Barrington D. Jr. Parker) by Conviction and sentencing of defendant for being a felon in possession of a firearm are upheld because the public safety exception to Miranda supported initial questioning of defendant, but vacated where …
Article • February 1, 2008 • from P&J February, 2008
U.S. v. Liddell, No. 07-1337 (8th Cir.) (517 F.3d 1007) (February 25, 2008) (Judge James B. Loken) by Here the Court joined a Circuit split by holding that statements made to the police by a defendant who has been placed under arrest but has not been given any Miranda warnings …
Article • December 15, 2003
New York v. Quarles, No. 82-1213 (U.S. Supreme Court) (467 U.S. 649; 104 S.Ct. 2626) (June 12, 1984) (Justice Rehnquist) by In this case, the Court created a "public safety" exception to the Miranda warning requirement, holding that the "prophylactic rule" is Miranda is outweighed by the "paramount" concern for …
Article • November 1, 2003 • from P&J November, 2003
U.S. v. Williams, No. CR. 02-50060 (E.D.Mich.) (282 F.Supp.2d 586) (September 11, 2003) (Judge Paul V. Gadola) by This case is noted for Judge Gadola’s timely review of the “public safety exception” to the Miranda rule which allows police officers to question suspects without giving any Miranda warning if there …