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United States v. Ridner | 512 F.3d 846 (2008)
When a man is in possession of shotgun shells and tries to raise the necessity defense, the court shells out the defense’s requirements in United States versus Ridner.
Because of Scotty Ridner’s felony convictions, it was a federal crime for him to possess firearms. Police went to execute an arrest warrant for Scotty and found him on a porch with his brother, Freddy. When Scotty saw police, he bolted, but police apprehended Scotty, who had three shotgun shells on him. Police searched the house and found a shotgun.
Because of the shells, Scotty faced a charge for felony possession of a firearm. Scotty planned to use the necessity defense at trial, so the prosecution filed a motion in limine, or pretrial motion, to prohibit Scotty from producing evidence of this defense. At a hearing, Scotty testified that others worried that Freddy was suicidal. Freddy had tried to kill himself before, and another brother previously died by suicide. Scotty visited Freddy, who talked about shooting himself with a gun from a pawnshop while he held shotgun shells in his hand. Freddy dropped the shells, and Scotty stuffed them in his pocket. Police arrived soon after. By that time, Freddy’s mood had improved.
The court granted the prosecutions’ motion because Scotty didn’t prove the elements of a prima facie necessity defense, reasoning the harm wasn’t imminent, and Scotty held the shells for longer than necessary. Then, Scotty made a conditional guilty plea that allowed him to appeal the court’s decision. Scotty appealed to the Sixth Circuit.
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