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CA11: Officer can ask DUI detainee about gun without Mirandizing him

By John Wesley Hall, Jr.

Officers had reasonable suspicion for defendant's frisk. "he officers had reasonable suspicion to stop Hudnell based on the unresolved 911 call asking for police assistance, Hudnell's appearance from behind a house that was not his, and Hudnell's attempt to run away upon further questioning. Further, a reasonable officer would believe that Hudnell was armed and dangerous based on the above facts and his silence as to whether he had a weapon." United States v. Hudnell, 2009 U.S. App. LEXIS 7700 (11th Cir. April 6, 2009) (unpublished).* Defendant was stopped for DUI and he was agitated. The officer could ask about whether defendant had a gun in the car without Mirandizing him. United States v. Smith, 2009 U.S. App. LEXIS 7660 (11th Cir. April 10, 2009) (unpublished)...continue to full post

Full post as published by Fourth Amendment on April 14, 2009 (boomark / email).