A woman told police that she was just raped at gunpoint and the suspect fled into a nearby store. They located Ben Quarles and found an empty holster on him. After handcuffing him they asked where the gun was and he told them where to locate it. The gun was retrieved and he was read his Miranda rights. The actions of the police in seizing the gun were:
◦ Unlawful because they failed to read him his Miranda rights before questioning him
◦ Unlawful because the victim had not yet positively identified the suspect
◦ Lawful because there was a concern for the public's safety
◦ Unlawful because there was not a pressing need to locate the gun before he could be advised of his rights