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United States v. Patane
''United States v. Patane'', , was a United States Supreme Court case relating to ''Miranda'' warnings.
== Background ==
Samuel Patane was arrested in front of his home for calling his ex-girlfriend in violation of a restraining order. During the arrest, police officers began reading Patane his Miranda rights. Patane told the officers that he knew his rights. The officers then stopped reading them, at which point Patane told police that he had a gun in his house. They searched the house with his permission and found the gun. As a felon, Patane was not permitted to possess a gun and was prosecuted for possession.
During the trial on gun possession charges, Patane argued that his arrest violated the Fourth Amendment prohibition of unreasonable searches and seizures and the Fifth Amendment right not to incriminate oneself because there was not probable cause to arrest him and because the gun had been found as a result of an un-Mirandized confession.
The district court initially ruled that there was not probable cause for his arrest and that it was therefore unconstitutional. A Tenth Circuit Court of Appeals panel disagreed, holding that Patane's ex-girlfriend had given police probable cause for the arrest. However, the panel held that the gun could not be used as evidence because it had been found as the result of an un-Mirandized (and therefore unconstitutional) confession. The government appealed, arguing that physical evidence found as the result of un-Mirandized testimony could be used in court, despite the fact that the testimony itself was inadmissible.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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