United States District Court, N.D. Illinois, Western Division
REPORT AND RECOMMENDATION
D. Johnston United States Magistrate Judge
reasons stated herein, it is this Court's Report and
Recommendation that Defendant's motion to suppress (Dkt.
45) be denied. Any objection to this Report and
Recommendation must be filed with the district judge by April
23, 2018. A status hearing is set for April 26, 2018 at 11:00
August 2, 2016, Defendant, Derrick D. Patterson, was charged
in a two-count indictment. The indictment alleges that on
July 6, 2016, Defendant was a felon in possession of two
firearms and that one of those firearms had a removed,
altered or obliterated serial number.
before the Court is Defendant's motion to suppress the
two firearms he is charged with possessing. Dkt. 45. The
government opposes the motion. Dkt. 48. On March 22, 2018,
the Court held a suppression hearing and admitted seven
exhibits submitted by the government, all of which were
unopposed. Sergeant Michael Weber testified at the hearing.
The relevant facts are as follows.
approximately midnight on July 6, 2016, Defendant was driving
a grey Dodge Charger and traveling westbound on Elm Street in
Rockford, Illinois. Sergeant Weber of the Winnebago County
Sheriff's Office was patrolling in the area and traveling
eastbound on Elm Street.
Weber testified that he observed an oncoming vehicle
approximately 100 to 200 yards away, later identified as a
grey Dodge Charger, traveling westbound in his lane of
traffic. Sergeant Weber's radar gun indicated that the
Charger was traveling 45 miles per hour in a 35-mile-per-hour
zone. The Charger returned to its lane of traffic as it
approached Sergeant Weber's vehicle. Sergeant Weber
turned his vehicle around to follow the Charger. As Sergeant
Weber approached approximately one car length behind the
Charger, he was able to determine the make, model and
registration of the vehicle. Sergeant Weber determined that
the Charger was a rental vehicle through Tennessee. Sergeant
Weber then activated his emergency lights and siren to
initiate a traffic stop. The Charger did not immediately pull
over. As Sergeant Weber followed, he witnesses the Charger
briefly cross over the center line. The Charger continued
driving and turned right onto Liberty Street. At that time,
the Charger accelerated away at a high rate of speed.
Sergeant Weber pursued the Charger and reached a speed of 50
miles per hour, but the Charger was rapidly pulling away from
him. Sergeant Weber and the Charger were driving in a
30-mile-per-hour zone during the pursuit.
after the pursuit began, the Charger crashed into a drainage
ditch. Sergeant Weber parked near the drainage ditch and
exited his vehicle with his gun drawn. Sergeant Weber
testified that he was approximately 50 feet from the Charger
when he got out of his police vehicle to approach. He yelled
for the driver, later identified as Defendant, to get out of
the vehicle with his hands up. Sergeant Weber testified that
although it was dark outside, the headlights from his police
vehicle illuminated the drainage ditch enough that he could
see what was occurring with Defendant.
Weber observed the driver's door open and Defendant fall
to the ground. Sergeant Weber ordered Defendant to stay on
the ground, but instead Defendant stood up and attempted to
stumble away several times. During one of these times,
Sergeant Weber saw a handgun fall out of Defendant's
waistband and onto the ground.
then ran from Sergeant Weber. Sergeant Weber was able to grab
Defendant, but Defendant pulled away and kept running.
Sergeant Weber eventually tackled Defendant to the ground,
but Defendant continued to resist. After a short physical
altercation, Defendant was eventually subdued by Sergeant
Weber and handcuffed.
Weber waited for two additional officers to arrive on the
scene before taking Defendant to his police vehicle. Sergeant
Weber conducted an inventory of the Charger pursuant to the
County's policy because the vehicle was being towed.
During the inventory, Sergeant Weber located a fully loaded
handgun between the driver's seat and the door jam.
Sergeant Weber also located the handgun that Defendant
dropped from his waistband. The handgun was located in close
proximity to the driver's side door of the Charger.
recording from Sergeant Weber's police vehicle was played
in open court. It began shortly before Sergeant Weber
activated his lights and siren.
it did not show the moment when Sergeant Weber first
encountered Defendant allegedly coming toward him in his lane
of traffic, it revealed that after Sergeant Weber activated
his lights, Defendant briefly crossed the center line shortly
before turning onto Liberty Street to speed away. The video
further showed the Charger in the drainage ditch and
Defendant's multiple attempts to flee on foot and resist
upon questioning by defense counsel, Sergeant Weber testified
that the full-screen version of the video, which was not
shown in open court but was available to the Court and
counsel, did not show the radar speed, only the speed of
Sergeant Weber's police vehicle. The Court has viewed the
full-screen version of the video. There is a section on the
screen that lists “Radar” with three identifiers
listed below, namely “Target, ”
“Patrol” and “Lock.” At all times
throughout the video, all three of these identifiers remained
at “0 MPH.” This appears to support Sergeant
Weber's testimony that the video did not capture the
readings from his radar gun. There was no other evidence
presented that Sergeant Weber's ...