May 29, 2019
from the United States District Court for the Central
District of Illinois. No. 17-cr-40067 - Sara Darrow, Chief
Kanne, Sykes, and Brennan, Circuit Judges.
Brennan, Circuit Judge.
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 recognized 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 saw a handgun
sticking out of his waistband. Yancey was subsequently
convicted of felony possession of a firearm.
appeals the admission of the handgun evidence on Fourth
Amendment grounds, claiming police lacked justification 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.
1, 2017, at 1:48 a.m.,  Rock Island Police Officer Zachary
Costas was on patrol when he recognized a car belonging to a
woman named Dorothy Davis. Costas also recognized the driver:
not Dorothy Davis, but her daughter, Deborah McCorkle. Costas
believed McCorkle had an outstanding arrest warrant a few
counties over, so he followed the car. When dispatch
confirmed the warrant remained outstanding, Costas pulled
a.m., Costas approached the vehicle to speak with McCorkle.
Yancey sat in the front passenger seat. Costas questioned
McCorkle about her name and the warrant for her arrest.
During the conversation, Costas referred to Yancey by an
incorrect name, and Yancey corrected him, identifying himself
as Paris Yancey.
point, Costas recognized Yancey. He recalled two run-ins in
recent months during which Yancey was "very
confrontational" 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.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.
a.m., Officer Tony Zier arrived to assist with the stop. Zier
immediately recognized Yancey from a burglary investigation
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.
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 could leave.
Zier instructed him to wait "a couple minutes, and
we'll get you out of here." To Zier, Yancey seemed
nervous 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.
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 ...