United States v. Rankins

118 F. App'x 62
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 26, 2004
DocketNo. 03-3420
StatusPublished

This text of 118 F. App'x 62 (United States v. Rankins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Rankins, 118 F. App'x 62 (7th Cir. 2004).

Opinion

ORDER

Michael Rankins was convicted after a jury trial of possession with intent to distribute cocaine base, 21 U.S.C. § 841(a)(1), possession of a firearm during the commission of a drug trafficking offense, 18 U.S.C. § 924(c)(1)(A), and possession of a firearm after sustaining a felony conviction, id. § 922(g)(1), and was sentenced to a total of 360 months’ imprisonment. On appeal, Rankins argues both that the district court erred by denying his motion to suppress evidence and that there was insufficient evidence to support his gun convictions. We affirm.

Officer Mark Castronovo was on routine patrol around 10:00 a.m. on June 2, 2002, when he observed a yellow Ford Mustang parked on a poorly maintained dead-end road outside of the Concord Commons housing project in Rockford, Illinois. Ran-kins was the driver and sole occupant of the car. Although the vehicle was legally parked, Castronovo thought its location suspicious and drove towards the Mustang, which was located on the other side of a fence from his patrol car. As Castronovo approached, Rankins backed down the street and out of the officer’s view. Castronovo radioed his dispatcher with a description of the Mustang, which he described as “a suspicious vehicle,” and he drove out of Concord Commons to look for it.

Less than two minutes later, Officer Randy Berke located the Mustang and radioed Officer Castronovo to ask if he wanted the vehicle stopped. After Castronovo responded that he did, Berke called for backup and continued to follow the car for four to five blocks. Rankins then failed to stop at a stop sign, and Berke activated his flashing lights to stop the Mustang. At this time Castronovo was approaching from the opposite direction, and he angled his car into Rankins’s lane. Rankins swerved around Castronovo’s car and fled. Both officers then pursued Ran-kins for a short distance. The pursuit ended when Rankins pulled into a residential driveway and emerged from the Mustang with his hands in the air, yelling that the officers had “no probable cause” to stop him.

With his weapon drawn, Officer Castronovo ordered Rankins to move to the rear of the Mustang and place his hands on the trunk. Once Castronovo saw that Rankins had no weapon in his hands, he returned his gun to its holster. Rankins complied with the officer’s demand to move to the back of the car, but when Castronovo approached to place him in handcuffs, Ran-kins attempted to pull away. A brief struggle ensued, ending when Castronovo used a leg sweep to knock Rankins to the ground. After Rankins was handcuffed, Castronovo searched Rankins’s pockets, waistband, and pant legs, and found 50 small bags of crack cocaine, a pager, and approximately $600 in cash in his pocket. He did not search Rankins’s crotch or buttocks areas. The officers then read Rankins the Miranda warnings, and sat him in Castronovo’s patrol car while they [64]*64spoke with a witness, searched the Mustang, and consulted their computer databases to determine if he had a valid driver’s license or any warrants.

But Rankins soon attracted the officers attention by either yelling or banging his head on a window in the patrol car. Ran-kins said his handcuffs were too tight, so Officer Castronovo removed him from the car and loosened them. As Castronovo was returning Rankins to the car, he noticed an object on the rear floorboard. After Rankins sat back down, Castronovo saw that the item was no longer there, but he looked under the front passenger seat and found a black sock that he could feel contained a handgun. Castronovo removed the sock from the car without saying anything and Rankins blurted out, “I suppose you’re going to pin that gun on me also?” Castronovo had yet to remove the gun from the sock.

Rankins was transported to a police station, where he was interviewed by both officers. Officer Berke told him that he was being issued two traffic citations — for running the stop sign and attempting to flee. Rankins responded, “I got caught with 50 rocks and a pistol. Do you think I give a [expletive] about two tickets?” Berke testified that Rankins again asked to speak to the officers later that day and requested that they help him by “either getting rid of his dope or his pistol.”

Rankins first challenges the stop of his vehicle, arguing that the officers lacked either probable cause or reasonable suspicion to make the stop and that the officers improperly exceeded the scope of the stop when they drew their weapons and attempted to handcuff him. The district court upheld the stop on two separate grounds: that Officer Castronovo had reasonable suspicion to stop the Mustang after Rankins “fled” the area of the housing project by accelerating in reverse when the patrol car approached, and also that Officer Berke had probable cause to stop Rankins after he ran the stop sign. Ran-kins devotes much of his brief to the district court’s first rationale for the stop, but regardless of the merits of that argument, the stop of the car was independently justified once Rankins ran the stop sign.

The district court recognized that Ran-kins denied running the stop sign, but credited Officer Berke’s testimony that Rankins did not come to a complete stop. A police officer who has probable cause to believe that a driver has committed a traffic infraction — even a minor one, United States v. Williams, 106 F.3d 1362, 1365-66 (7th Cir.1997) — may make a traffic stop. United States v. Brown, 188 F.3d 860, 864 (7th Cir.1999). The officer’s subjective motivations for making the stop are irrelevant. Whren v. United States, 517 U.S. 806, 813, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). Berke was permitted to stop Ran-kins for running the stop sign, independent of any concerns about the reasonableness of Officer’s Castronovo’s earlier suspicions about the car’s presence outside the housing project. Moreover, when Rankins refused to stop for Berke, he committed a misdemeanor that further justified the stop.

Rankins completely ignores his running of the stop sign and his failure to stop for Officer Berke, and argues that he was stopped only for driving away when Officer Castronovo first approached him. When a person in a high-crime area flees upon seeing a police officer approach, the officer may develop reasonable suspicion to conduct an investigatory stop under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Illinois v. Wardlow, 528 U.S. 119, 124-25, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000); United States v. Lenoir, 318 F.3d 725, 729 (7th Cir.2003). But any argument about the applicability of Wardlow is irrel[65]*65evant here because the officers acquired probable cause to stop Rankins’s car when he ran the stop sign, and again when he refused to stop for Berke’s flashing lights.

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Terry v. Ohio
392 U.S. 1 (Supreme Court, 1968)
Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
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Knowles v. Iowa
525 U.S. 113 (Supreme Court, 1998)
Illinois v. Wardlow
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United States v. Tommie T. Childs
277 F.3d 947 (Seventh Circuit, 2002)
United States v. Kenneth R. Lenoir
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Bluebook (online)
118 F. App'x 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rankins-ca7-2004.