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US v. Evans, No. 07-2565

By FindLaw Staff on September 22, 2009 4:06 PM

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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