| Anderson v. Commonwealth, 279 Va. 85; 688 | | | | argued that his initial statement about the gun |
| S.E.2d 605 January 15, 2010 | | | | was obtained in violation of the Fifth Amendment |
| | | | | because he was "in custody" and interrogated |
| Anderson was indicted for possession of a | | | | without first being advised of his Miranda rights. |
| firearm by a convicted felon in violation of Code | | | | The failure to give Miranda warnings prior to |
| § 18.2-308.2. While a police officer was chasing | | | | custodial interrogation violates an individual's |
| him, he threw a silverish, grayish object, hitting a | | | | constitutional rights under the Fifth Amendment; |
| tree and landing about five or six feet away. | | | | therefore, statements obtained by law |
| Thereafter, as the officer was handcuffing | | | | enforcement officers in violation of the Miranda |
| Anderson, the officer saw that the object was a | | | | rule generally will be subject to exclusion for most |
| revolver and asked Andeerson if it was loaded. | | | | proof purposes in a criminal trial. |
| He answered yes. After discovering that | | | | One narrow exception to the Miranda rule, |
| Anderson was a convicted felon, the officer | | | | however, is the public safety exception. The |
| arrested defendant and advised him of his Miranda | | | | need for answers to questions in a situation |
| rights. Anderson subsequently filed a motion to | | | | posing a threat to the public safety outweighs the |
| suppress the statements he made about the | | | | need for the prophylactic rule protecting the Fifth |
| gun. At the suppression hearing, Anderson | | | | Amendment's privilege against self-incrimination. |