7 results for 'cat:"Firearms" AND cat:"Miranda"'.
J. Martin finds that the lower court properly granted defendant's motion to suppress statements he made during a police interrogation while he was being treated in the emergency room for a self-inflicted gunshot wound. The statements were subject to suppression because police did not advise defendant of his Miranda rights before questioning him. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 23, 2024, Case #: WD86602, Categories: firearms, miranda
[Consolidated.] J. Thapar finds the trial court properly denied defendant's motion to suppress evidence obtained by police after he admitted he had weed in his room. Officers were not interrogating him at the time and, therefore, were not required to read him his Miranda rights, while the narrow question from the officer - "do you have anything else on you?" - was part of the arrest procedure and not designed to elicit an incriminating response. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: April 16, 2024, Case #: 22-6076, Categories: firearms, miranda
J. Love finds that the trial court properly granted defendant's motion to suppress evidence seized. The state does not show that the concealed gun evidence would have been discovered "inevitably or by an independent source." Further, the mere concealment of a firearm is not an offense subject to an arrest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: April 16, 2024, Case #: 2024-K-0169, Categories: Evidence, firearms, miranda
Per curiam, the circuit finds the district court properly convicted defendant for drug trafficking. Though defendant admitted to having a gun at his residence when asked before he was Mirandized, the public safety questioning exception applies. The subject was also brought up in court by defendant even though the prosecution had not mentioned it. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 26, 2024, Case #: 22-11007, Categories: Drug Offender, firearms, miranda
J. Halligan finds that the appellate division improperly held that defendant had not been in custody when police questioned him on a residential street about guns in the trunk of his car because handcuffing defendant restricted free movement akin to a formal arrest, which necessitated Miranda warnings. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside the home or business since he failed to raise the issue in the trial or appellate courts. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 65, Categories: Criminal Procedure, firearms, miranda
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Loken finds a lower court properly sentenced a defendant to 230 months in prison for robbing a bank using a dangerous weapon, brandishing a pistol in relation to a crime of violence, discharging a pistol in a crime of violence, using a AR-15 rifle in a crime of violence, and possessing an AR-15 rifle as an unlawful drug user. The defendant argued that his conviction was based on lack of evidence. However, the defendant stole a pickup truck, attempted to flee from police, crashed the vehicle near a roadblock, and then waived his Miranda rights before disclosing statements he made to an FBI agent in an interview that was recorded. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 17, 2023, Case #: 22-3659, Categories: firearms, miranda, Robbery