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United States v. Duty

United States Court of Appeals for the Fourth Circuit
204 Fed.Appx. 236 (2006)


Facts

Richmond, Virginia police officer Winston was patrolling a portion of the city managed by the Richmond Redevelopment and Housing Authority and restricted only to residents and guests. Winston noticed a vehicle parked in a cul-de-sac with its engine running. The occupants of the vehicle, Jeremiah Duty (defendant) and Jonathan Bish, looked at Winston as she passed by. Winston circled around, activated her emergency lights and pulled behind the car to “see if they were ok, what their business was, and if they had a legitimate or social reason for being in the area.” Winston asked Duty for his identification. After running a check on the identification, Winston learned that Duty had an outstanding warrant. After confirming the warrant, Winston placed Duty under arrest and conducted a search of his person. Winston found several rounds of .22 ammunition, a syringe, and some pills. Winston also searched the trunk of the vehicle and seized a .22 caliber rifle. Duty was charged with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Duty filed a motion to suppress the evidence seized, arguing that the search was unlawful. The district court denied Duty’s motion and he was convicted. Duty appealed.

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