479 P.3d 430
Colo.2021Background
- Police stopped a car in Feb 2014; Marcus Perez was a passenger who behaved nervously and gave a false name.
- Perez fled on foot immediately after being asked to exit, leading officers on a lengthy chase through residential and commercial areas; he later violently resisted and broke an officer’s nose before being handcuffed.
- Officer Walsh frisked Perez and found two live shotgun shells in his pocket; without giving Miranda warnings he asked, “Where’s the gun?” Perez replied he had “thrown it away.”
- Officers later located a short shotgun in the stopped vehicle capable of firing the shells found on Perez.
- Perez moved to suppress the statement as a Miranda violation; the trial court admitted it under the public-safety exception and a jury convicted him of second-degree assault on a peace officer and multiple POWPO counts.
- The court of appeals held the public-safety exception did not apply but deemed any error harmless; the Colorado Supreme Court granted certiorari and held the public-safety exception did apply, affirming the convictions on that basis.
Issues
| Issue | Perez (Petitioner) | People (Respondent) | Held |
|---|---|---|---|
| Whether the public-safety exception to Miranda permits asking a custodial arrestee “Where’s the gun?” without warnings | Officer’s question was a custodial interrogation requiring Miranda; the public-safety exception did not apply here | Questioning fell within the public-safety exception because officers reasonably needed immediate information to protect the public/officers | The public-safety exception applied under the totality of the circumstances; no Miranda error |
| Whether admission of the statement was harmless beyond a reasonable doubt | The Miranda error (if any) was not harmless and convictions should be reversed | Court of appeals: any error was harmless because other evidence of weapon possession was overwhelming | Supreme Court did not reach harmlessness because it found no Miranda error (public-safety exception applied) |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (established warnings required for custodial interrogation; prophylactic rule)
- New York v. Quarles, 467 U.S. 649 (created public-safety exception to Miranda for immediate threats)
- People v. Mullins, 532 P.2d 733 (Colo. 1975) (Colorado recognition of public-safety questioning about weapon location)
- People v. Ingram, 984 P.2d 597 (Colo. 1999) (public-safety exception does not apply when no immediate exigency exists)
- People v. Requejo, 919 P.2d 874 (Colo. App. 1996) (question about weapon location fell within public-safety exception)
- People v. Janis, 441 P.3d 1 (Colo. App. 2016) (applied totality-of-circumstances test for public-safety exception)
- People v. Wakefield, 428 P.3d 639 (Colo. App. 2018) (officer’s on-scene safety questions covered by the exception)