United States v. Duty

Officer Winston, patrolling a restricted housing area, noticed Jeremiah Duty (defendant) and a passenger sitting in a parked, running car in a cul-de-sac; after they looked at her as she drove by, she circled back, activated her emergency lights, and pulled in behind them to check on their business in the area. She asked Duty for identification, discovered an outstanding warrant, arrested him, and a search incident to arrest and of the vehicle's trunk turned up ammunition, a syringe, pills, and a rifle. Duty was convicted of being a felon in possession of a firearm after the district court denied his motion to suppress, and he appealed.