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United States v. Schreiber

United States Court of Appeals, Seventh Circuit

August 7, 2017

United States of America, Plaintiff-Appellee,
v.
Aaron Schreiber, Defendant-Appellant.

          Argued May 23, 2017

         Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:14-cr-00719-l - Andrea R. Wood, Judge.

          Before Bauer, Easterbrook, and Ripple, Circuit Judges.

          Ripple, Circuit Judge.

         In April 2011, the police arrested Aaron Schreiber for robbing a liquor store in Summit, Illinois. After a state grand jury indicted him for the liquor store robbery, a DNA buccal swab was taken from Mr. Schreiber. That DNA sample later linked him to a 2010 bank robbery, and federal authorities then charged him with that crime.

         Prior to his federal bank robbery trial, Mr. Schreiber moved to suppress the DNA evidence. He contended that the state authorities had lacked probable cause to arrest him for the 2011 liquor store robbery and that the buccal swab was the fruit of that illegal arrest. The district court denied the motion to exclude the evidence, and Mr. Schreiber was convicted of bank robbery.

         Mr. Schreiber now appeals that conviction and argues that the district court erred in admitting the DNA evidence and, at the very least, erred in failing to hold an evidentiary hearing on his motion to suppress. We now conclude that the district court correctly held that police may take a buccal swab after an arrest supported by probable cause and that a grand jury's issuance of an indictment is conclusive on the question of probable cause. Moreover, because Mr. Schreiber did not come forward with any disputed material facts, the district court did not abuse its discretion in refusing to conduct an evidentiary hearing.

         I

         BACKGROUND

         A.

         On December 20, 2010, the Archer Bank in Summit, Illinois, was robbed. In their subsequent investigation, the police recovered several items discarded by the bank robber, including a black stocking, gloves, a pair of Nike tennis shoes, and a red sweatshirt. DNA samples were retrieved from the recovered items and entered into the state's DNA indexing system; the crime, however, remained unsolved.

         On April 16, 2011, Officer Armando Dominguez of the Summit Police Department observed a black Chevrolet Suburban driving slowly near a liquor store. He attempted to run the license plate and prepared to initiate a traffic stop, but was called to the scene of another incident prior to doing so. 7Shortly thereafter, at approximately 7:03 p.m., the Liquor Stop in Summit was robbed. Witnesses described the robber as a black male wearing a white hooded sweatshirt who, after robbing the store, fired a round from his handgun and fled in a black Chevrolet Suburban. Upon learning these details and reviewing security camera footage, Officer Dominguez radioed local authorities with the license plate of the Suburban that he had seen earlier.

         At approximately 7:38 p.m., Officer Dominguez received notification that officers with the Blue Island Police Department had stopped a black Suburban, which was carrying three passengers, including Mr. Schreiber. Officer Dominguez drove to the scene, peered through a window, and saw a white hooded sweatshirt on the back seat and loose cash on the floor of the vehicle. Officer Dominguez arrested the occupants of the car, and, one month later, a state grand jury indicted Mr. Schreiber for armed robbery of the liquor store and related crimes. After the indictment and while Mr. Schreiber was awaiting trial, state officials collected a DNA sample by way of a buccal swab.[1] The results of the sample were entered into Illinois's DNA indexing system.

         The DNA sample ultimately linked Mr. Schreiber to the 2010 bank robbery, and, on December 11, 2014, a federal grand jury indicted Mr. Schreiber for that crime.[2]

         Meanwhile, Mr. Schreiber's state proceedings continued. Prior to trial on the state charges, Mr. Schreiber filed a motion to suppress evidence and to quash arrest/dismiss charges on the ground that the police lacked probable cause to arrest him for the liquor store robbery[3] On February 6, 2015, after an evidentiary hearing, the state court granted Mr. Schreiber's motion, ruling that the police may have had reasonable suspicion to stop the vehicle in which Mr. Schreiber was a passenger, ...


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