United States v. Ferguson
2012 WL 6050619
2d Cir.2012Background
- Ferguson fired a gun during an outdoor confrontation after being threatened by two women; police received a 911 report identifying a suspect named Lamont with a firearm.
- Officers arrested Ferguson about an hour after the shooting and questioned him without Miranda warnings at the 50th Precinct.
- Ferguson led officers to his sister’s apartment, where a pistol was recovered; Miranda warnings were provided only after this recovery.
- A district court held a suppression hearing and denied suppression, finding an objective public safety need to locate the firearm despite the delay.
- The parties then proceeded to a bench trial on stipulated facts, resulting in Ferguson’s conviction for possessing a firearm after felony conviction.
- Ferguson appealed, arguing the interrogation violated the Fifth Amendment by not administering Miranda warnings, while the government urged the public safety exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the public safety exception applies after delay | Ferguson: delay undermines public danger and necessaries. | United States: public safety need remains objectively reasonable. | Yes; public safety exception applies despite delay. |
| Whether interrogation was primarily for safety and not routine testimonial questioning | Ferguson: questioning aimed at eliciting testimony. | United States: questioning served safety purposes to locate the gun. | Yes; questioning related to locating the weapon and protecting the public. |
Key Cases Cited
- New York v. Quarles, 467 U.S. 649 (U.S. 1984) (public safety exception to Miranda when locating an abandoned weapon)
- United States v. Estrada, 430 F.3d 606 (2d Cir. 2005) (factors supporting public safety exception: immediate danger, safety-focused questioning, not routine interrogation)
- United States v. Stewart, 551 F.3d 187 (2d Cir. 2009) (standards for reviewing suppression rulings; factfinding deference)
- United States v. Sash, 396 F.3d 515 (2d Cir. 2005) (framework for evaluating suppression on the public safety exception)