Benton v. Commonwealth

ANNUNZIATA, Judge.

Coleman Benton appeals his conviction of possession of a firearm by a convicted felon, in violation of Code § 18.2-308.2. Benton contends the court erred in denying his motion to suppress his statements to a police officer, which Benton argues were made in violation of his Fifth Amendment rights under the federal and Virginia Constitutions. Benton bases his appeal on the contention that the trial court erroneously invoked the “public safety exception” to the Miranda requirements. He also contends that the police had no grounds to arrest him under Code § 19.2-81 and that his…