United States District Court, N.D. Illinois, Eastern Division
ROBERT BLAKEY JUDGE.
28, 2016, Defendant Demone Rule ("Defendant") was
indicted for unlawful possession of a firearm, in violation
of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). Indictment
. The firearm at issue was allegedly recovered from
Defendant's waistband following a December 27, 2015
traffic stop that ultimately resulted in his arrest.
November 21, 2016, Defendant moved to quash his arrest and
suppress all subsequently derived evidence, including the
firearm and incriminating statements Defendant made to
police. Def's Mot. Quash & Supp. . Defendant
claimed that his traffic stop and ensuing arrest were
unlawful under the Fourth Amendment, and consequently, all
evidence derived therefrom constituted "fruit of the
poisonous tree" under Wong Sun v. United
States, 371 U.S. 471 (1963), and its progeny.
Court held an evidentiary hearing on March 13, 2017, during
which it heard sworn testimony from Defendant and the three
police officers involved in Defendant's arrest. At the
conclusion of the hearing, after considering the parties'
written submissions [17, 21] and oral arguments, the Court
orally denied Defendant's motion. This Memorandum Opinion
supplements the Court's oral ruling.
Court makes the following findings of fact and conclusions of
law based upon the evidence introduced at the evidentiary
Findings of Fact
the evening of December 27, 2015, Defendant entered his car,
which was located in a parking lot at the intersection of
West Madison Street and South Lotus Avenue in Chicago,
Illinois. Tr.  3:11-19.
After entering his vehicle, Defendant drove out the south
exit of the parking lot, into the alley bounded by West
Madison Street to the north, West Monroe Street to the south,
South Lotus Avenue to the east, and South Central Avenue to
the west. Id. at 3:20-23, 15:19-16:21.
the evening of December 27, 2015, Chicago Police Department
Officers Andrew Hamick, Joseph Ramirez, and Kevin Graney were
patrolling Chicago's 15th District in a single police
vehicle in the vicinity of the 5500 block of West Madison
Avenue. Id. at 29:2-8, 43:5-10, 54:8-10, 67:7-10,
Officer Ramirez was driving the police vehicle. Officer
Graney was sitting in the front passenger seat. Officer
Hamick was sitting in the rear passenger compartment.
Id. at 29:9-12, 54:14-15, 66:17-23, 77:24-25.
vehicle used by Officers Hamick, Ramirez, and Graney was
unmarked, but possessed working emergency lights and sirens.
Id. at 29:13-15, 42:10-15, 66:13-16, 77:18-21.
During the course of their patrol, Officers Hamick, Ramirez,
and Graney entered the western ingress of the alley bounded
by West Madison Street to the north, West Monroe Street to
the south, South Lotus Avenue to the east, and South Central
Avenue to the west. Id. at 43:11-14, 67:11-17,
the officers proceeded eastbound in the alley, Officers
Hamick and Ramirez observed Defendant's vehicle exit the
parking lot in front of their police vehicle and proceed
eastbound. Id. at 29:18-30:23, 43:15-44:1,
Defendant and the officers proceeded eastbound, Officers
Hamick, Ramirez, and Graney observed Defendant cross South
Lotus Avenue and enter the western ingress of the alley
bounded by West Madison Street to the north, West Monroe
Street to the south, South Lockwood Avenue to the east, and
South Lotus Avenue to the west. Id. at 44:2-8,
54:16-22, 67:22-68:5, 79:9-12.
Officers Hamick, Ramirez, and Graney followed Defendant
across South Lotus Avenue. Id. at 44:9-10, 68:11-12.
Officers Hamick, Ramirez, and Graney then observed Defendant
drive through the alley and exit the eastern egress of the
alley onto South Lockwood Avenue. Id. at 44:15-20,
45:11-12, 68:13-16, 79:9-19.
Between the time that Defendant crossed South Lotus Avenue
until he exited the alley onto South Lockwood Avenue,
Officers Hamick, Ramirez, and Graney did not observe
Defendant park or stop to load or unload passengers or goods.
Id. at 32:11-22, 44:23-25, 68:17-24, 79:20-24.
Officers Hamick, Ramirez, and Graney observed Defendant, upon
reaching South Lockwood Avenue, exit the alley and proceed
south on South Lockwood Avenue. Id. at 45:15-16,
After Defendant turned onto South Lockwood Avenue, Officers
Hamick, Ramirez, and Graney determined that Defendant had
unlawfully utilized the alley as a throughway. Id.
at 45:13-14, 69:7-9, 80:5-7.
Defendant proceeded south on South Lockwood Avenue, Officer
Ramirez activated the police vehicle's emergency lights
and sirens. Id. at 45:15-17, 69:15-18, 80:8-11,
After Officer Ramirez activated the police vehicle's
emergency lights and sirens, Defendant pulled to the western
side of South Lockwood Avenue, between West Adams Street and
West Quincy Street, and stopped his vehicle. Id. at
45:18-23, 69:19-70:6, 80:8-20.
After Defendant stopped his vehicle, Officers Hamick,
Ramirez, and Graney exited their police vehicle and
approached Defendant's vehicle on foot. Id. at
45:24-46:1, 70:7-8, 80:21-23.
the time, Officers Hamick, Ramirez, and Graney were each
wearing variations of the standard Chicago Police Department
uniform. Id. at 42:8-9, 42:17-20, 56:22-23, 66:6-12,
Officers Hamick, Ramirez, and Graney approached
Defendant's vehicle, Defendant drove off and fled
southbound on South Lockwood Avenue. Id. at 46:2-6,
After Defendant drove away, Officers Hamick, Ramirez, and
Graney returned to their police vehicle to give ...