May 23, 2017
from the United States District Court for the Northern
District of Illinois, Eastern Division. No. 1:14-cr-00719-l -
Andrea R. Wood, Judge.
Bauer, Easterbrook, and Ripple, Circuit Judges.
Ripple, Circuit Judge.
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.
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.
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.
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.
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.
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. The results of the sample were
entered into Illinois's DNA indexing system.
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.
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 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, ...