United States v. Kevin Lee Johnson

977 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Kevin Lee JOHNSON, Defendant-Appellant. No. 90-50534. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1992. * Decided Oct. 13, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 1. The Miranda Claim 2 In New York v. Quarles, 467 U.S. 649, 655-56 (1984), the Supreme Court created a "public safety" exception to the requirement that Miranda warnings be given before a suspect's answers are admissible. The Court held that the "prophylactic" rule of Miranda must give way to the "paramount" concern for public safety when there is "an objectively reasonable need to protect the public or police from any immediate danger." Id. at 653 , 659 n. 8. We have applied the Quarles "public safety" exception in a similar case. See United States v. Brady, 819 F.2d 884, 885 (9th Cir.1987), cert. denied, 484 U.S. 1068 (1988). 3 Johnson argues that this…