United States v. Alfonzo Williams

I respectfully dissent. The district court’s suppression order should be reversed, and the statements admitted. Two exceptions to Miranda, the “public safety exception” and the “booking exception,” apply. These exceptions make Gilton’s answer to the gang question admissible against him in his criminal trial.

Here is the classification form as filled in for Antonio Gilton, the codefendant at issue:

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It is evident from the form that Gilton was already thought to be a gang member by sheriffs department personnel, that he was asked if he was affiliated with “Fillmore/CDP,” and that he…