Rodriguez

I. FACTUAL BACKGROUND

On October 8, 2005, National Park Service Ranger Dustin Gunderson observed Appellant-Defendant Jose Rodriguez UNITED STATES v. RODRIGUEZ 2217 driving his pick-up truck erratically through Lake Mead National Recreation Area, west of Las Vegas. Gunderson sus- pected that the truck’s driver was intoxicated, so he stopped the truck. After running Rodriguez’s driver’s licence and learning from his radio dispatcher that Rodriguez was a regis- tered felon, Gunderson asked Rodriguez to step out of the truck so Gunderson could perform a field sobriety test. As Gunderson stepped back to administer the test, he noticed the handle of a pistol protruding from an open orange bag in the bed of Rodriguez’s truck. This pistol, identified as a Ruger .22 caliber pistol, had a device, later determined to be a home- made silencer, attached to it. After securing the firearm, Gunderson asked Rodriguez if there were any other weapons in the vehicle. Rodriguez admitted that there was another fire- arm under the driver’s seat. This was later identified as a Para-Ordnance .40 caliber pistol. Ranger Gunderson called for backup, then placed Rodriguez under arrest…