Virginia Gun Laws Convicted Felon 18.2-308.2 Miranda

Virginia Gun Laws Convicted Felon 18.2-308.2 Miranda

Anderson v. Commonwealth, 279 Va. 85; 688 S.E.2d 605 January 15, 2010

Anderson was indicted for possession of a firearm by a convicted felon in violation of Code 18.2-308.2. While a police officer was chasing him, he threw a silverish, grayish object, hitting a tree and landing about five or six feet away.

Thereafter, as the officer was handcuffing Anderson, the officer saw that the object was a revolver and asked Andeerson if it was loaded. He answered yes. After discovering that Anderson was a convicted felon, the officer arrested defendant and advised him of his Miranda rights. Anderson subsequently filed a motion to suppress the statements he made about the gun. At the suppression hearing, Anderson argued that his initial statement about the gun was obtained in violation of the Fifth Amendment because he was "in custody" and interrogated without first being advised of his Miranda rights.

The failure to give Miranda warnings prior to custodial interrogation violates an individual's constitutional rights under the Fifth Amendment; therefore, statements obtained by law enforcement officers in violation of the Miranda rule generally will be subject to exclusion for most proof purposes in a criminal trial.

One narrow exception to the Miranda rule, however, is the public safety exception. The need for answers to questions in a situation posing a threat to the public safety outweighs the need for the prophylactic rule protecting the Fifth Amendment's privilege against self-incrimination.

The Court concluded that the failure to administer Miranda rights in a situation coming within public safety exception did not taint Defendant's subsequent statements after he was advised of his Miranda rights.

POST COMMENT

Virginia Murder Voluntary Intoxication Shooting 18.2-32 Use Of A Firearm 18.2-53.1 Disney's Hollywood Studios: Perfect Scenery Of Artistry Federal Criminal Defense Lawyer Virginia Aggravated Identity Theft Wire Fraud Virginia Sexual Molestation Juvenile Fairfax Prince William Rape Sodomy Virginia Sexually Violent Predator Virginia Beach DUI Driving Under Influence 18.2-266 Lawyer Virginia Assault Battery Mob Criminal Street Gang 18.2-42 18.2-46.2 Virginia Malicious Shooting Wounding Display Firearm 18.2-51.1 18.2-53.1 Fairfax Alexandria Virginia Grand Larceny 18.2-95 Sixth Amendment Reckless Driving Speed Virginia Improper Driving 46.2-862 Fairfax County Prince William Loudoun Virginia Reckless Driving Speed Calibration Tests Loudoun County Lynchburg Fredericksburg Virginia Reckless Driving State 46.2-852 Felony Eluding 85 Miles Fairfax County Prince William Loudoun Virginia DUI Punishment 18.2-266 Fairfax County Prince William Loudoun Beach