United States v. Duty

204 Fed.Appx. 236 (4th Cir. 2006)

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Nature of the Case

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Facts

Officer Winston was on a routine patrol when she saw a gray Chevrolet vehicle parked in the cul-de-sac of the street with its engine running. Winston testified that the two occupants of the vehicle, later identified as D and Jonathan Bish, looked at her as she passed. She circled around the cul-de-sac, activated her emergency lights, and pulled behind the car, stopping ten to fifteen feet behind the vehicle. Winston testified that she stopped 'to see if they were ok, what their business was, and if they had a legitimate or social reason to be in the area.' Bish and D made no move to leave when Winston pulled behind them. She asked D and Bish for identification to determine if either lived in the area. D had an outstanding arrest warrant. After confirming the warrant, Winston placed D under arrest. Winston conducted a search incident to arrest, during which she found several rounds of .22 caliber ammunition, a syringe, and several pills on D's person. Winston also searched the trunk of the Chevrolet, in which she found a .22 caliber rifle. D filed a motion to suppress from an improper seizure. The district court denied the motion to suppress. The district court found that it was proper for Winston to approach D and ask for identification. Once Winston discovered D's outstanding warrant, the district court found that Winston acted properly by arresting D and searching him incident to arrest. D appealed.