Officers may ask safety-related questions prior to Miranda warnings if person attempts to stuff object under car seat and refuses to show hands

SEARCH & SEIZURE/MIRANDA United States v. DeJear, No. 07-6281, ___ F.3d ___ (10th Cir. Jan. 9, 2009)(W.D. Oklahoma). Appeal of district court’s denial of motion to suppress evidence and statements. HELD: District court properly denied defendant’s motion to suppress evidence and statements obtained during streetside detention by police prior to defendant receiving Miranda warnings. Combination of defendant’s attempts to stuff something under car seat and his initial refusal to show his hands established objectively reasonable grounds for officers to believe that defendant might have weapon and someone other than police might gain access to that weapon and inflict harm with it. Thus, under Quarles officer/public safety exception to Miranda rule, officer could ask defendant what he was "stuffing" without first administering Miranda warnings. Read the opinion here.