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U.S. v. FERGUSON

Docket No. 11-3806-cr.

702 F.3d 89 (2012)

UNITED STATES of America, Appellee, v. Lamont FERGUSON, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 6, 2012.

Attorney(s) appearing for the Case

Michael Hurwitz, Esq. , Hurwitz Stampur & Roth, New York, NY, for Defendant-Appellant.

Elisha J. Kobre , ( Iris Lan , on the brief), Assistant United States Attorneys, for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellee.

Before: LEVAL, CABRANES, and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

This case requires us to determine whether the "public safety" exception to the requirement of Miranda warnings — an exception that the United States Supreme Court first recognized in New York v. Quarles, 467 U.S. 649, 655-56, 104 S.Ct. 2626, 81 L.Ed.2d 550 (1984) — applies where police officers have reason to believe that a suspect may have left a gun in a public place, but where...

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