United States v. Wesley Dale Bishop

OPINION

KENNEDY, Circuit Judge.

United States of America appeals the district court’s grant of Wesley Bishop’s motion to suppress a handgun seized by a deputy sheriff from an unattended automobile parked on private property. The gun provides the basis for a felon in possession charge. We REVERSE the decision of the.district court for the following reasons.

I

On August 22, 1999, at almost half past noon, Laverne Julian, a deputy county sheriff, went to a residence in a rural part of Carter County, Tennessee, to serve an arrest warrant on Tony Arnold for misdemeanor theft under $500. At the time,…