People v. Martin

Defendant was convicted, after bench trial, of being an armed habitual criminal and possessing a defaced firearm. Police team of 7 plainclothes officers plus FBI Special Agent, rushed into Defendant's house when, after officers tried to pry open the steel security gate on the door, Defendant opened the door. Defendant directed officer to a handgun under a dresser; the gun's serial number was defaced. Defendant was not being subjected to interrogation when he directed officer to gun in his bedroom, and thus officers were not required to give Miranda warnings at that time. Thus, no ineffective assistance of counsel in counsel's decision not to file a motion to suppress.  (FITZGERALD SMITH and LAVIN, concurring.)