United States v. Bailey, No. 15-3591 (8th Cir. 2016)
Annotate this CaseDefendant appeals his conviction for possession of a firearm as a previously convicted felon. The court concluded that the district court did not err in denying defendant's motion to suppress his recorded post-arrest statements where defendant's voluntary statements made alone in the squad car near the alleged crime scene with the video-recording device turned on and before defendant was Mirandized were admissible. The court also concluded that there was substantial evidence to prove that defendant possessed the firearm. Accordingly, the court affirmed the judgment.
Court Description: Colloton, Author, with Chief Judge Riley and Kelly, Circuit Judges] Criminal Case - suppression. Statements made while sitting alone in the police squad car with a video-recording device turned on and before Miranda warnings were given, and made as a result of a private citizen's finding of a gun on his property, were properly admissible. Evidence was sufficient to prove he possessed the firearm.
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