Anderson v. Commonwealth – July 28, 2009

Anderson contends the police violated his right to remain silent when an officer asked him while he was handcuffed whether a gun he threw during a chase was loaded. In an unpublished opinion, the CAV concluded that “[t]o protect the general public and himself, the officer needed to know whether the weapon was loaded and an immediate danger as it lay.” The CAV applied the public safety exception to the Miranda rule and affirmed the judgment of the trial court denying Anderson’s motion to suppress. See New York v. Quarles, 467 U.S. 649 (1984)

From
The Circuit Court of the City of Richmond; C.N. Jenkins, Jr., Judge.

Counsel
Jessica M. Bulos (Office of the Appellate Defender) for the appellant.

Virginia B. Theisen (Office of the Attorney General) for the appellee.

Assignments of Error

1. The trial court erred by denying the motion to suppress, and the Court of Appeals erred by affirming that denial, when the police interrogated Anderson without first advising him of his rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966).

2. In light of this Court’s decision in Missouri v. Seibert, 542 U.S. 600 (2004) (plurality opinion).

6. The Court of Appeals erred by concluding that the holdings of Oregon v. Elstad, 470 U.S. 298 (1985) and Missouri v. Seibert, 542 U.S. 600 (2004) were inapplicable to Anderson’s case.

7. Assignment of Cross-Error: 1. The Court of Appeals erred in failing to hold, in the alternative, that Anderson was not in custody at the time Officer Waite asked him whether the gun was loaded.

Date Granted
7-23-2009