### In the



# United States Court of Appeals

For the Seventh Circuit

____________________

No. 18

‐ 2935

U NITED S TATES OF A MERICA

, Plaintiff

‐ Appellee

,

v.

P ARIS Y ANCEY

, Defendant

‐ Appellant

.

____________________

Appeal from the United States District Court for the

Central District of Illinois.

No. 17

‐ cr

‐ 40067

— Sara Darrow

, Chief Judge

.

____________________

A RGUED M AY 29, 2019

— D ECIDED J UNE 27, 2019

____________________

Before K ANNE

, S YKES

, and B RENNAN

, Circuit Judges

.

B RENNAN

, Circuit Judge

. This case concerns a traffic stop in

Rock Island, Illinois. While two police officers were arresting

the driver of a vehicle on an outstanding warrant, they recog

‐

nized defendant Paris Yancey riding shotgun. Based on their

past interactions with Yancey, as well as their familiarity with

a contact sheet labeling him as potentially armed, the officers

decided to pat him down for weapons. Before they could do

so, Yancey made a run for it. The officers tackled him and saw2 No. 18

‐ 2935

a handgun sticking out of his waistband. Yancey was subse

‐ quently convicted of felony possession of a firearm.

Yancey appeals the admission of the handgun evidence on

Fourth Amendment grounds, claiming police lacked justifica

‐

tion to keep him from leaving the scene. But under Supreme

Court precedent, police officers can detain passengers in a car

while a stop is ongoing if they have a lawful reason to seize

the driver. It is undisputed that the officers lawfully stopped

the car in which Yancey rode as a passenger. Because that stop

was still lawfully ongoing when Yancey tried to flee, it was

not unreasonable for the officers to detain him, so we affirm

his conviction.

I. Background

On July 1, 2017, at 1:48 a.m., 1 Rock Island Police Officer

Zachary Costas was on patrol when he recognized a car

belonging to a woman named Dorothy Davis. Costas also rec

‐ ognized the driver: not Dorothy Davis, but her daughter,

Deborah McCorkle. Costas believed McCorkle had an out

‐ standing arrest warrant a few counties over, so he followed

the car. When dispatch confirmed the warrant remained

outstanding, Costas pulled McCorkle over.

At 1:50 a.m., Costas approached the vehicle to speak with

McCorkle. Yancey sat in the front passenger seat. Costas ques

‐

tioned McCorkle about her name and the warrant for her ar

‐

rest. During the conversation, Costas referred to Yancey by an

1 All time stamps come from the body cameras of the two officers at

the scene. We include the times because the sequence and duration of the

stop are important to our evaluation.No. 18

‐ 2935 3

incorrect name, and Yancey corrected him, identifying him

‐

self as Paris Yancey.

At this point, Costas recognized Yancey. He recalled two

run

‐ ins in recent months during which Yancey was “very con

‐

frontational” with police officers, though he was not arrested

in either encounter. During one of these encounters, dispatch

ran Yancey’s name and informed Costas that Yancey was on

parole for a weapons offense and known to carry weapons. 2

Costas had also seen a police contact sheet on Yancey, which

stated, “[o]fficers should use caution when dealing with

...

Paris Yancey as [he] may be armed.” The contact sheet had

been issued a month earlier and was read to officers at roll call

every day.

At 1:51 a.m., Officer Tony Zier arrived to assist with the

stop. Zier immediately recognized Yancey from a burglary in

‐ vestigation he conducted in 2016. Yancey was not a suspect in

the burglary, but he had behaved in an “agitated” manner

and was upset when police interviewed him. Zier was also

familiar with the contact sheet mentioning Yancey.

Zier walked up to the car and began speaking with Yancey

to keep him occupied while Costas conducted the stop. Zier

testified he pretended not to recognize Yancey so he would

not flee. At 1:53 a.m., Costas asked McCorkle to step out of

her car and handcuffed her. Yancey asked Zier if he could

leave; Zier told him to wait. At 1:54 a.m., as Costas walked

McCorkle toward his squad car, Yancey again asked if he

2 In the district court, the parties disputed whether Yancey was on

parole for a weapons offense or for a criminal trespass offense. Regardless,

Costas knew Yancey had been convicted for a weapons offense in 2001,

and Costas testified he believed Yancey was on parole for that conviction.4 No. 18

‐ 2935

could leave. Zier instructed him to wait “a couple minutes,

and we’ll get you out of here.” To Zier, Yancey seemed nerv

‐

ous about wanting to leave the traffic stop. At this time, due

to Yancey’s nervousness and his history of carrying weapons,

Zier decided he needed to frisk Yancey before letting him

leave the traffic stop.

The next few minutes unfolded as follows:

 At 1:55 a.m., McCorkle was placed in the backseat

of Costas’s squad car. She told Costas she wanted

Yancey to take her car. Costas said that would be

fine if Yancey had a valid driver’s license. Yancey

again asked to leave, and Zier replied he could not

leave yet. Costas walked back to the car and saw

Yancey, still in the passenger seat, holding

McCorkle’s purse. When asked, Yancey handed the

purse to Costas.

 At 1:56 a.m., Yancey asked a fourth time if he could

go. Costas asked him to “hold on” and asked dis

‐ patch to run Yancey’s name. While waiting for the

reply, Costas began to search McCorkle’s purse.

Zier asked Yancey to step out of the car and asked

if he had any weapons on him. Yancey did not an

‐

swer and just said, “Come on, man.” Zier said he

would conduct a protective pat down and Yancey

objected, saying he had not done anything wrong.

 At 1:57 a.m.—30 seconds after stepping out of the

car and before Zier could pat him down—Yancey

started running away. Zier and Costas chased him

and tackled him, then wrestled him into handcuffs.No. 18

‐ 2935 5

As they rolled Yancey onto his side, Costas saw a

black handgun in Yancey’s waistband.

 At 1:58 a.m., police officers arrested Yancey and

placed him in Zier’s squad car.

The encounter lasted about eight minutes. When Yancey

ran, the officers had yet to confirm whether Yancey possessed

a valid driver’s license. They were also finishing the search of

McCorkle’s purse, and considering McCorkle’s request for

turn over of her car and personal belongings to Yancey.

The government charged Yancey with possession of a fire

‐

arm by a felon in violation of 18 U.S.C. §§ 922(g)(1) and

924(a)(2). He moved to suppress the gun and any statements

he made to law enforcement, arguing the officers lacked prob

‐

able cause to seize him and lacked reasonable suspicion to pat

him down for weapons. After an evidentiary hearing, the dis

‐

trict court denied Yancey’s motion to suppress. The court

found Costas and Zier’s testimony to be “absolutely credi

‐

ble,” and commented on the small size of the law enforcement

community in Rock Island. The court believed the officers

when they said they recognized Yancey from recent encoun

‐

ters and from the contact sheet stating he was known to carry

weapons.

The court concluded that the traffic stop remained ongo

‐ ing when Zier told Yancey he could not leave. Though

McCorkle was secured in the squad car, the officers had not

figured out what to do with her car, and had not determined

whether Yancey was legally allowed to drive it home. Because

the officers had not yet completed necessary actions related to

the traffic stop, in the court’s view, the stop was still ongoing.6 No. 18

‐ 2935

To the district court, this entitled the officers to keep Yancey

from leaving the scene at the time he fled.

Yancey pleaded guilty to the charge but reserved the right

to appeal his motion to suppress. He was sentenced to 71

months’ imprisonment and three years’ supervised release.

II. Discussion

Yancey argues the officers violated the Fourth Amend

‐

ment twice during the traffic stop: first, when they prevented

him from leaving the scene after McCorkle was in Costas’s

squad car, and second, when they sought to pat him down for

weapons without reasonable suspicion he was armed and

dangerous.

We need not reach Yancey’s second argument because

Yancey fled before Zier could conduct the pat down. As the

district court noted, no pat down means no need for reasona

‐

ble suspicion he was armed and dangerous. Cf. Arizona v.

Johnson

, 555 U.S. 323, 327 (2009) (requiring reasonable suspi

‐

cion the car passenger was armed and dangerous where a

patdown actually occurred). We need only examine whether

a lawful investigatory stop remained in progress that justified

keeping Yancey at the scene. On appeal, we review the district

court’s fact findings for clear error and its legal findings de

novo. United States v. Richmond

, 924 F.3d 404, 410 (7th Cir.

2019).

A traffic stop is lawful under the Fourth Amendment

“when a law enforcement officer has a ‘particularized and ob

‐ jective basis for suspecting the particular person stopped of

criminal activity.’” Navarette v. California

, 572 U.S. 393, 396

(2014) (quoting United States v. Cortez

, 449 U.S. 411, 417–18

(1981)). An officer may detain the passengers as well as theNo. 18

‐ 2935 7

driver while the stop is ongoing, Johnson

, 555 U.S. at 327, and

an officer “may order passengers to get out of the car pending

completion of the stop.” Maryland v. Wilson

, 519 U.S. 408, 415

(1997).

Yancey concedes that, at least in the beginning of the en

‐

counter, the traffic stop and his detainment were legal be

‐

cause McCorkle’s outstanding arrest warrant gave the officers

legal justification to pull over the car. Yancey instead argues

that the justification for the traffic stop ended once McCorkle

was handcuffed and put in Costas’s squad car. From that

point, Yancey contends the police lacked any reasonable sus

‐ picion he was engaged in illegal activity that would justify ex

‐ tending the traffic stop (and his detainment). We must decide

whether reasonable justification existed to continue the traffic

stop between the securing of McCorkle in the squad car at 1:55

a.m. and Yancey’s attempt to flee the scene at 1:57 a.m.

A traffic stop is reasonable only for the amount of time it

takes to complete “the seizure’s ‘mission’—to address the

traffic violation that warranted the stop

... and attend to re

‐

lated safety concerns

... .” Rodriguez v. United States

, 135 S. Ct.

1609, 1614 (2015) (citing Illinois v. Caballes

, 543 U.S. 405, 407

(2005)). This includes “certain unrelated checks during an

otherwise lawful traffic stop.” Rodriguez

, 135 S. Ct. at 1615.

“An officer’s inquiries into matters unrelated to the justifica

‐

tion for the traffic stop

... do not convert the encounter into

something other than a lawful seizure, so long as those inquir

‐

ies do not measurably extend the duration of the stop.”

Johnson

, 555 U.S. at 333. “The scope of the detention must be

carefully tailored to its underlying justification,” Florida v.

Royer

, 460 U.S. 491, 500 (1983) (plurality opinion), and cannot

be extended by unrelated activities.8 No. 18

‐ 2935

Here, the officers’ purpose was to stop and arrest

McCorkle for her outstanding arrest warrant. Though Costas

and Zier had secured McCorkle by 1:55 a.m., attendant tasks

remained unaddressed. The first, for administrative reasons,

was the search of McCorkle’s purse. Rock Island Police De

‐

partment policy required the officers to do an inventory

search of any handbags found in the vehicle and make a list

of valuables therein, to protect the department from later

claims of property damage or theft. See United States v.

Cartwright

, 630 F.3d 610, 614 (7th Cir. 2010) (permitting inven

‐

tory searches if conducted “as part of the routine procedure

incident to incarcerating an arrested person and in accordance

with established inventory procedures”). Costas’s inventory

search of McCorkle’s purse was still taking place at 1:57 a.m.

Next, there was the question what to do with McCorkle’s

car. Having decided not to impound it, Costas and Zier had

not resolved who should take custody of it. McCorkle had re

‐ quested the officers let Yancey take the car, but by 1:57 a.m.

they had yet to verify if Yancey had a valid driver’s license

and could legally drive the car. “Authority for the sei

‐

zure

... ends when tasks tied to the traffic infraction are—or

reasonably should have been—completed.” Rodriguez

, 135

S. Ct. at 1614

. Two minutes had passed since McCorkle was

placed in Costas’s car—not an unreasonable amount of time

for Costas and Zier to still be handling these issues. Because

of these unresolved matters, the traffic stop was still ongoing

when Yancey attempted to flee the scene. The officers

therefore had legal justification to continue to detain him, in

‐ cluding stopping Yancey when he tried to run away, so the

handgun they saw when they caught him was properly ad

‐

mitted into evidence.No. 18

‐ 2935 9

III. Conclusion

For these reasons we A FFIRM the district court’s judgment.