United States v. William Johnson

We are asked to decide whether there exists an “innocent possession” defense that would excuse a defendant for being a felon in possession of a firearm if he had obtained it innocently and his possession was transitory.

I

A

On August 5, 2003, Shawn Romprey, an officer with the Las Vegas Metropolitan Police Department, was dispatched to investigate an alleged assault and robbery. The victim reported to the officer that the assailant was the appellant, William Johnson, and that the incident had taken place at Johnson’s apartment.

Officer Romprey then went to Johnson’s apartment, where one Jenny Woodard, Johnson’s cohabiting girlfriend, granted him permission to enter the apartment. In the bedroom, Officer Romprey discovered a silver firearm lying in plain view. Next to the weapon was a wallet in which the officer could plainly see Johnson’s Social Security card. Woodard informed the officer that the gun belonged to Johnson.

Officer Romprey next went to his patrol unit to investigate Johnson’s criminal background. Finding that Johnson had been previously convicted of a felony, the officer prepared a “consent to search” form and obtained Woodard’s signature after providing her…