Charge (Count 1): Carrying a Concealed Weapon (CCW)
Felony: Imprisonment for not more than 5 years, or by a fine of not more than $2,500.00
Court: Wayne County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
Motion to Convene Evidentiary Hearing to Suppress Evidence: GRANTED
Motion to Suppress Evidence and Dismiss: GRANTED
Disposition: Case DISMISSED.
Note: This case involved a police call to a Detroit nightclub for “shots fired in the parking lot”. While there was no evidence of a shooting, the police detained and questioned numerous employees of the establishment as to whether or not such persons were in possession of a weapon. The defendant initially refused to answer the police officer’s inquiries, then admitted to possessing a handgun. The judge dismissed the case based on the preliminary exam transcript which provided that the questioning of the defendant while in custody, whereas he was not free to leave, without providing the defendant with his Miranda rights violated his 5th Amendment rights. The Public Safety Exception (whereas police may ask questions of suspects without first advising of Miranda rights) did not apply because the officer’s questions were investigatory in nature and not the subject of any reasonable and immediate safety concern. The defendant’s statements and the weapon itself were thereby suppressed and the case dismissed.