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MA: Statement of gun's location under Quarles created exigent circumstances

By John Wesley Hall, Jr.

Defendant told the police there was a gun in the bedroom closet, and this was within the Quarles public safety exception to Miranda. That also permitted the police to go to closet and retrieve the gun before somebody else could lay hands on it, so the search of the closet was with exigent circumstances. Commonwealth v. Loadholt, 2010 Mass. LEXIS 184 (March 31, 2010). [Quarles is literally self-fulfilling exigent circumstances.] Trial court’s finding of consent was supported by the record that defendant consented right after his documents were given back to him during a traffic stop. Davis v. State, 2010 Ga. App. LEXIS 336 (March 31, 2010).* Grant of a suppression motion that was not appealed by the state was collateral estoppel to a probation revocation...continue to full post

Full post as published by Fourth Amendment on April 02, 2010 (boomark / email).