United States v. Ridner
United States Court of Appeals for the Sixth Circuit
512 F.3d 846 (2008)
Police pursuing an arrest warrant for felon Scotty Ridner (defendant) found three shotgun shells in his pocket after he fled and was caught. Ridner claimed he took the shells from his suicidal brother Freddy, who had dropped them while retrieving them from inside the house, out of concern Freddy might use them to harm himself, even though Ridner admitted he didn't know a shotgun was already in the house and was actually worried about Freddy separately reclaiming his gun from a pawnshop. The district court barred Ridner from presenting a necessity defense, and he appealed.
Whether a defendant is entitled to present a necessity defense if he engaged in the alleged criminal conduct for longer than necessary to avoid the threatened harm.