United States v. Simmons, No. 10-1526 (2d Cir. 2011)
Annotate this CaseDefendant, a previously convicted felon, appealed his conviction for possession of a firearm and ammunition. On appeal, defendant contended that the district court's failure to suppress his pre-arrest statements made without Miranda warnings violated the Fifth Amendment, and that the warrantless search of his bedroom violated the Fourth Amendment. The court held that while the public safety exception to Miranda justified the officers' initial questioning of defendant, their subsequent warrantless search of his bedroom violated the Fourth Amendment.
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