United States Sixth Circuit

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.

Appellate Information

• Argued 06/12/2009
• Decided 09/22/2009
• Published 09/22/2009

Judges

• Before SUTTON and GRIFFIN, Circuit Judges; LIOI, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Todd Shanker, Federal Defender Office, Detroit, Michigan, for Appellant. Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF:Todd Shanker, Federal Defender Office, Detroit, Michigan, for Appellant. Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee.