Circuit Court of the State of Illinois for the County of Columbia



Circuit Court of the State of Illinois for the County of Columbia

Introduction

This case arises from the Government's (“Prosecution”) Indictment of Defendant Bobby Lane (“Defendant”) on August 13, 2010 in State of Illinois for the kidnapping of Leslie Miller (“Miller”) (Gov.'s Indict. 1.); which is based on evidence seized on Defendant during a warrantless arrest inside the threshold of his home described in robbery Detective Sanchez's (“Sanchez”) deposition, which was taken January 12, 2010 by both parties' councils (Sanchez Dep. 1-7.) Defendant moved to suppress evidence pursuant to Federal Rule of Criminal Procedure 12(b)(3)(C). based on the violation of his Fourth Amendment rights because police entered his home without warrant and absent probable cause for the jewelry store burglaries. (Def.'s Mot. Suppress Evid. 8.) In response, Prosecution requests that the court deny the motion in the belief that the warrantless arrest was performed in a public place with probable cause in accordance with the Fourth Amendment. (Gov.'s Resp. to Den. Def.'s Mot. 10.)

On August 16, 2009 Sanchez received a call from an anonymous caller whom he never spoke with before (Sanchez Dep. 3.) The tipster gave a description of Defendant's van, saying it looked “similar” to a white van that had been seen by the lone witness near a recent jewelry store burglary. (Sanchez Dep. 2.) At 4:30 PM the same day, Sanchez and his partner went to the apartment where the tipster said the van was parked. (Sanchez Dep. 3.) The witness had only been able to give a vague description of a white, stocky man with brown hair, somewhere in his twenties to thirties driving the van. (Sanchez Dep. 3) After seeing a white van parked in space number 13, Sanchez decided to talk to the owner. The officers knocked on Defendant's door without announcing themselves as police officers until after he answered. Sanchez estimated Defendant's age to be somewhere between thirty to thirty-five; the very top of the age range given by the witness. (Sanchez Dep. 3.) Although, Sanchez felt Defendant fit the vague description. (Sanchez Dep. 6.) Defendant acknowledged that he parked the van in space 13, but specifically told the police to “go away,” and that “I'm not going to talk to you guys” then he closed his door. (Sanchez Dep. 3-4.) Sanchez then returned to Defendant's van where Sanchez and the other officer noticed something sparkle but each differed dramatically on what they thought it was; earrings or a necklace. (Sanchez Dep. 4.)

At 5:45PM Sanchez went back to the Defendant's apartment, over an hour later, where

Defendant was not visible in any of the windows. (Sanchez Dep. 4.) Sanchez knocked on the door without announcing, and Defendant opened then said, “I already told you guys to leave me alone.” (Sanchez Dep. 5.) Sanchez instantly told Defendant he was under arrest. Defendant remained motionless and Sanchez repeated his command then broke across the threshold of Defendant's home, grabbing and whipping him around to be handcuffed and ...