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.
Argued: June 12, 2009
Decided and Filed: September 22, 2009
Opinion by Judge Griffin
For Appellant: Todd Shanker, Federal Defender Office
For Appellee: Kathleen Moro Nesi, Assistant United States Attorney