In this case the defendant (Yancey) was a passenger in a vehicle that was stopped by the Rock Island Police when the officers recognized the driver as a person with an outstanding warrant. The officers recognized Yancey from previous encounters and a “contact sheet” where he was listed as dangerous. During the stop Yancey repeatedly asked if he could leave and appeared nervous. Yancey did not answer when directly asked if he was carrying a weapon. Given his history and his actions during the stop, an officer decided to frisk Yancey, at which point Yancey fled. The officers tackled him and cuffed him and then saw a firearm in his waistband.
The government charged Yancey with possession of a firearm 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 probable cause to seize him and lacked reasonable suspicion to pat him down for weapons. The Seventh Circuit did not agree. First, the court noted that they did not need to answer the second issue (Terry Frisk) because Yancey fled before the officer could pat him down. As to the issue of the initial seizure of Yancey, the court first noted that an officer “may order passengers to get out of the car pending completion of the stop.” (Citing Maryland v. Wilson, 519 U.S. 408, 415 (1997)) The court then noted there were unresolved matters related to the arrest of the driver during the encounter with Yancey. Accordingly, the stop was not unlawfully extended and there was no Rodriguez violation.
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