United States v. Schreiber, No. 16-3847 (7th Cir. 2017)Annotate this Case
An officer saw a car in front of a Summit, Illinois liquor store, took down the license number, and prepared to make a traffic stop, but was called to another incident. After hearing that the store was robbed and seeing the security footage, which included a car of the same description, the officer radioed out the license number. Schreiber was in the car when it was stopped, with loose cash visible on the floor. After a state grand jury indicted him for that robbery, a DNA buccal swab was taken from Schreiber. That sample linked him to a 2010 bank robbery. Federal authorities charged him with that crime. Schreiber moved to suppress the DNA evidence, claiming that state authorities had lacked probable cause to arrest him for the 2011 store robbery and that the swab was the fruit of that illegal arrest. The district court denied the motion. Schreiber was convicted. The Seventh Circuit affirmed. 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. Schreiber did not supply any disputed material facts, so the district court did not abuse its discretion in refusing to conduct an evidentiary hearing.