Fay

FACTS

Mandy Ortiz was the tenant of Apartment 1099 at 2200 N. Torrey Pines, Las Vegas, Nevada. Fay lived with Ortiz and her four-year-old daughter at this address. Ortiz knew that Fay had been a gang member and that he kept a gun in the apart- ment. On October 8, 2003, Ortiz and Fay quarreled. Fay angrily threatened Ortiz. Ortiz tried to leave to go to her job at Sav-On. Fay refused to let her leave without him and got in her car and rode with her to the store, where the quarrel continued. Officer Stout responded to a call reporting domes- tic violence. Ortiz told Stout that she was afraid of Fay, that there was a warrant for his arrest, and that he had a gun at her apartment. After checking on the arrest warrant, Stout arrested Fay and then, with Fay in his car, followed Ortiz back to her apartment at Ortiz’s request. 6270 UNITED STATES v. FAY Ortiz asked Fay to accompany her into the apartment and told Stout that she wanted Fay’s gun out of her house. She pointed to a black duffle bag on a shelf in the open laundry room and said, “He keeps it there.” Stout reached up on tip toes and retrieved the bag. He ascertained that the bag was open; had no name on it;…