United States v. Simmons, No. 10-1526-cr (2d Cir. October 26, 2011) (Winter, Pooler, Parker, CJJ)
New York City police officers accompanied an individual to his apartment in the Bronx to retrieve his belongings. He was moving out because his roommate, defendant Simmons, had pulled a gun on him during an argument a few days earlier.
Inside the apartment, the officers found Simmons in his bedroom; the door was ajar, he was lying in bed and there was a “shiny object” next to him. Simmons got up and the officers pulled him out of the bedroom and into the hall. They asked him about his dispute with the roommate and the gun. Simmons told the officers the gun was in his bedroom and they went in, retrieved it, and arrested him.
The circuit found that the officers’ questions to Simmons about the gun were covered by the “public safety” exception to …