Asking defendant whether he drove to the place where he was detained was not within the \u201cpublic safety\u201d exception of Miranda. His car, however, being left in an emergency zone when he was arrested permitted inventory for the gun under Opperman. United States v. Everett, 2017 U.S. Dist. LEXIS 45229 (W.D. Mo. March 28, 2017).<\/p>\n
The officers who stopped defendant and then handcuffed him during the stop were able to show that it was reasonable and within the traffic stop; therefore, not \u201ccustody\u201d for Miranda purposes. Also, defendant was told he was not under arrest, just being detained. Furthermore, under the totality of circumstances, the court finds no arrest yet. His statements then were not subject to Miranda, and they led to his actual arrest. United States v. Medina, 2017 U.S. Dist. LEXIS 44013 (D. Me. March 27, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"
Asking defendant whether he drove to the place where he was detained was not within the \u201cpublic safety\u201d exception of Miranda. His car, however, being left in an emergency zone when he was arrested permitted inventory for the gun under … Continue reading