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Police responded to a shooting in a crowded subway station. Witnesses pointed to Omar, who was running toward an exit and appeared to be holding his waistband. Officers tackled and handcuffed Omar. Without giving Miranda warnings, an officer asked, "Where is the gun?" Omar said, "Under the newsstand by the stairs." Officers recovered a loaded pistol from that location.
While Omar remained handcuffed on the floor, another officer asked, "Is that your gun, and why did you shoot him?" Omar said, "Yes, he owed me money." In the patrol car, without any question from police, Omar muttered, "I should have thrown it in the river." At booking, an officer asked Omar his name, address, date of birth, and gang affiliation. The gang-affiliation answer later helped prosecutors prove motive. Two hours later, detectives gave complete Miranda warnings, Omar signed a waiver form, and he repeated that he shot the victim over a debt.
Omar moves to suppress each statement and the gun. Analyze Miranda, public safety, routine booking, spontaneous statements, waiver, and voluntariness.