U.S. v. Hernandez

In prosecution on charge of unlawful possession of firearm as felon, Dist. Ct. did not err in denying defendant’s motion to suppress his statement that drugs and gun were in nearby bag that defendant had been carrying prior to his arrest, where said statement was made in response to officer’s question as to what was in said bag as defendant was being arrested for possession of other drugs. While defendant argued that he had been victim of two-step interrogation process that was designed to circumvent Miranda by subjecting him to interrogation prior to giving him any Miranda warnings, Miranda was not implicated where police question about contents of nearby bag qualified as public safety exception to Miranda, since instant question was necessary to secure officer’s safety while effectuating defendant’s arrest.