Argued: January 25, 2017
from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:15-cr-00013-REP-1)
Caroline Swift Platt, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Alexandria, Virginia, for Appellant.
Stephen Eugene Anthony, OFFICE OF THE UNITED STATES ATTORNEY,
Richmond, Virginia, for Appellee.
C. Kamens, Federal Public Defender, Robert J. Wagner,
Assistant Federal Public Defender, OFFICE OF THE FEDERAL
PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.
J. Boente, United States Attorney, OFFICE OF THE UNITED
STATES ATTORNEY, Alexandria, Virginia, for Appellee.
DUNCAN and KEENAN, Circuit Judges, and DAVIS, Senior Circuit
BARBARA MILANO KEENAN, Circuit Judge
Hill pleaded guilty to being a felon in possession of a
firearm, in violation of 18 U.S.C. § 922(g)(1). He
appeals from the district court's denial of his motion to
suppress evidence of statements he made during a traffic stop
and of a firearm that was seized during the stop. Hill argues
that the police officers' actions exceeded the lawful
scope of the stop, and that the stop was prolonged
unjustifiably beyond the time needed to execute the relevant
tasks, violating his Fourth Amendment rights described in
Rodriguez v. United States, 135 S.Ct. 1609 (2015).
our review, we conclude that the district court did not err
in denying the suppression motion, because the traffic stop
did not exceed the time reasonably required to complete the
tasks incident to the mission of the stop. Accordingly, we
affirm the district court's judgment.
October 20, 2014, Richmond City police officers Ryan Taylor
and Jason McClendon were patrolling a neighborhood in
Richmond in their police cruiser. The officers saw a vehicle (the car)
travelling at an estimated speed slightly exceeding the
posted speed limit, and observed the car cross a yellow,
double-solid line marker in the center of the roadway. After
Officer Taylor activated the cruiser's emergency lights
and siren, the car turned into a driveway of a residence. The
officers parked their cruiser at the end of the driveway
behind the car, and initiated a traffic stop about 6:01 p.m.
driver of the car, Jeremy Taylor (the driver), immediately
stepped out of the car. The officers thought that the driver
might be attempting to abscond from the scene, but the driver complied when ordered by
Officer McClendon to return to the car.
officers approached the car, Officer Taylor recognized both
occupants of the vehicle. Officer Taylor testified that he
knew the driver as someone who had been "hanging
with" individuals "connected with" robberies.
Officer Taylor also recognized Hill, the passenger in the
vehicle, from a prior traffic ...