Justice Ruth Shillingford
Summers, charged with criminal possession of a weapon, sought suppression. The court held a combined Mapp/Huntley/Dunaway hearing. Detectives issued an “I card” in Summer’s name as he was being investigated for a shooting in Brooklyn. Information led detectives to a house, where Summers was located and apprehended outside in a t-shirt and boxers. Upon entering the house with Summers, as he indicated his clothing was in a black bookbag, officers saw a firearm under the bag in plain view. At the precinct, Summers was asked identification information, and subsequently read Miranda warnings. Prosecutors contended Summers lacked standing to challenge the legality of the firearm’s seizure, and noted his statements were not the product of custodial interrogation and voluntarily made. The court agreed finding Summers failed to show standing to challenge the seizure’s legality. It found probable cause existed for Summer’s arrest as he was twice identified by complainant in the shooting case, thus suppression of the gun was denied. Yet, the court ruled other than pedigree information revealed pre-Miranda warnings, post-Miranda statements were granted suppression as questions “went to the very heart of the crimes charged” and were tainted by prior unwarned statements.