United States v. Hernandez, No. 13-2879 (7th Cir. 2014)
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Hernandez picked up a red bag in an alley. Chicago Officers Varchetto and Pierri, patrolling in an unmarked car, saw him pick up the bag and run up the alley. He saw the officers and dropped the bag. As the officers approached, he volunteered, “I just have some dope.” Hernandez handed a key holder to Varchetto, who found five small bags of heroin inside. The officers arrested Hernandez. Pierri asked him what was in the red bag. Hernandez replied that he had “ripped the guys around the corner for dope and a gun.” Pierri opened the bag and found a loaded gun, 61 small bags of crack cocaine, and 55 small bags of marijuana. The officers then gave Hernandez Miranda warnings and took him to the station. During the ride, without prompting, Hernandez volunteered that he had received fake drugs from the owners of the red bag and was beaten when he complained; taking it was retaliation. At the station, Hernandez was again given Miranda warnings. He repeated his story with more detail. Hernandez unsuccessfully moved to suppress his post-Miranda confession on the ground that it was a product of having confessed during a pre-Miranda interrogation. He was convicted of possessing a gun as a felon. The Seventh Circuit affirmed, finding that the single question asked before Hernandez was given Miranda warnings falls within the “public safety” exception to Miranda.
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