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STATE v. STEPHENSON

796 A.2d 274 (2002)

350 N.J. Super. 517

STATE of New Jersey, Plaintiff-Respondent, v. Umoja STEPHENSON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 6, 2002.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender, for appellant (Frank J. Pugliese, Assistant Deputy Public Defender, of counsel and on the brief).

Peter C. Harvey, Acting Attorney General, for respondent (Julie A. Higgs, Deputy Attorney General, of counsel and on the brief).

Before Judges A.A. RODRIGUEZ, LEFELT and LISA.

The opinion of the court was delivered by LISA, J.A.D.

We are called upon in this case to measure the limits of the public safety exception to the Miranda1 rule. No New Jersey case has previously addressed whether the exception can apply to unwarned custodial interrogation about the presence and whereabouts of a gun believed to be in a private location. We conclude the exception can apply in such a situation. However, the circumstances...

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