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E.D.N.C.: "Public safety" exception permitted questions leading to seizure of gun during execution of arrest warrant

By John Wesley Hall, Jr.

Officers entered defendant’s home without a search warrant, but with an arrest warrant so the entry was permissible under Payton. Once inside, unMirandized questions were asked about the location of the gun he would have, and his admissions were valid under the “public safety exception” to Miranda. United States v. Battle, 2010 U.S. Dist. LEXIS 123448 (E.D. N.C. October 27, 2010).* A dog alert was probable cause for a search warrant. In any event, the good faith exception would save this search. United States v. Herman, 2010 U.S. Dist. LEXIS 123947 (C.D. Ill. November 23, 2010).* There is reasonable suspicion here based on the fact defendant had a car from a person he did not know on a 2,800 mile test drive to visit a person he could not name, he had no paperwork for the car, and he was on a road for drug couriers...continue to full post

Full post as published by Fourth Amendment on November 26, 2010 (boomark / email).