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Criminal Procedure Keyed to Dressler
New York v. Quarles
Citation:
467 U.S. 649, 104 S.Ct. 2626, 81 L.Ed.2d 550.Facts
A young woman told police officers that she had just been raped by a black male, approximately six feet tall, who was wearing a black jacket with the name “Big Ben” printed in yellow letters on the back. She told the officers that the man had just entered a nearby supermarket and had a gun. The officers drove the woman to the supermarket and quickly spotted the defendant, who matched the description given by the woman.
Upon seeing the officers, the defendant turned and ran toward the back of the store. The officer ordered him to stop and put his hands over his head. Although more than three other officers had arrived on the scene by that time, Officer Kraft was the first to reach the defendant. He frisked him and discovered that he was wearing an empty shoulder holster. After handcuffing him, Officer Kraft asked him where the gun was. The defendant nodded in the direction of some empty cartons and said, “the gun is over there.” The officer found a gun from one of the cartons and then formally placed the defendant under arrest and read him his Miranda rights.
The defendant was charged with criminal possession of a weapon. The trial court excluded the statements and the gun because the officer had not given the defendant Miranda warnings before asking him where the gun was, and the gun’s discovery was tainted by the prior Miranda violation.
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