United States v. Ferguson, No. 11-3806 (2d Cir. 2012)Annotate this Case
Defendant appealed his conviction for possession of a firearm after having been convicted of a felony. At issue was whether the "public safety" exception to the requirement of Miranda warnings applied where police officers had reason to believe that a suspect could have left a gun in a public place, but where interrogation occurred an hour or more after the suspect's arrest. The court held, principally, that police officers had an immediate and objectively reasonable need to protect the public from a realistic threat and the "public safety" exception was applicable. Accordingly, the court affirmed the judgment.