In U.S. v. Newsome, No. 06-11181 (Jan. 16, 2007), the Court (Birch, Pryor & Covington b.d.) held that the public safety exception to Miranda and to the Fourth Amendment applied, and therefore affirmed the denial of a motion to suppress a gun.
The defendant was arrested in a motel room, in which police thought he was hiding with a girl friend. Upon arrest, and placing the defendant in handcuffs, the police asked him if there was "anything or anyone in the room that [police] should know about." Newsome told police he had a gone "over there" and led the police to a bag where the pistol was located. This exchange all occurred before the defendant was given his Miranda warnings.
The Court held that the "public safety" exception of New York v. Quarles, 467 U.S. 649 (1984) applied. The police were under the impression there was someone else in the room, and thought they were in danger. The police were entitled to "neutralize" the threat by finding the gun.
The Court also found no Fourth Amendment violation, because exigent circumstances necessitated the gun’s seizure.
The Court also rejected Newsome’s attempt to obtain a new trial based on the prosecutor’s violation of a court order when, despite a court order not to refer to a statement by Newsome’s wife that he had shot her, the prosecutor mentioned this statement in his opening statement. The Court noted the trial court’s curative instruction and the independent evidence of guilt which made any error harmless.
