Arresting officer not required to give defendant a Miranda warning before asking "what is in your pocket?"

The U.S. Court of Appeals for the Sixth Circuit decided the issue of whether the defendant’s initial incriminating statement, as well as the discovery of a gun and drugs in his car, were the products of a custodial interrogation conducted in violation of his Fifth Amendment rights, as articulated under Miranda v. Arizona, 384 U.S. 436 (1996).
In this case the defendant, Jermaine Woods entered a conditional guilty plea to the charges of possessing crack cocaine with the intent to distribute, and of possessing a firearm in furtherance of a drug-trafficking crime. His conditional guilty plea preserved his right to appeal the district court’s denial of his motion to suppress the statement and the physical evidence.

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