Newton (2004) 369 F.3d 659; see Allen v. Roe (2002) 305 F.3d 1046 (where the objectively reasonable need be based on what the officer knew at the time of questioning); see also United States v. Jones (2001) 154 F.2d 617 (likewise, holding the public exception applicable where police knew the suspect had a firearm in the apartment unattended with children present). In determining the objectively reasonable need, courts consider whether the defendant might have or recently have had a weapon and that someone other than the police might gain access to that weapon and inflict harm. (United States v. Williams (2007) 483 F.3d 425.) Accordingly, Miranda warnings are not required where there’s an objectively reasonable need in protecting the police or public from immediate danger and statements stemming from custodial interrogation must not be
Newton (2004) 369 F.3d 659; see Allen v. Roe (2002) 305 F.3d 1046 (where the objectively reasonable need be based on what the officer knew at the time of questioning); see also United States v. Jones (2001) 154 F.2d 617 (likewise, holding the public exception applicable where police knew the suspect had a firearm in the apartment unattended with children present). In determining the objectively reasonable need, courts consider whether the defendant might have or recently have had a weapon and that someone other than the police might gain access to that weapon and inflict harm. (United States v. Williams (2007) 483 F.3d 425.) Accordingly, Miranda warnings are not required where there’s an objectively reasonable need in protecting the police or public from immediate danger and statements stemming from custodial interrogation must not be