Defendant’s conviction for threatening to assault a federal law enforcement officer is affirmed where: 1) the Federal Protective Service (FPS) officers reasonably exercised their investigative and protective authority pursuant to 40 U.S.C. section 1315 when they left federal property to surveil defendant’s vehicle; 2) defendant’s conduct, by tailgating the FPS officers’ marked police vehicle and making hand gestures simulating firing of a handgun, provided the FPS officers with probable cause to arrest defendant regardless of her presence on non-federal property; 3) district court properly affirmed the magistrate judge’s ruling denying motion to suppress as defendant’s response to the officer was spontaneously volunteered and unresponsive to the officer’s question.
Read US v. Evans, No. 07-2565
Appellate Information
Argued: June 12, 2009
Decided and Filed: September 22, 2009
Judges
Opinion by Judge Griffin
Counsel
For Appellant: Todd Shanker, Federal Defender Office
For Appellee: Kathleen Moro Nesi, Assistant United States Attorney
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