United States v. Wayne Hill
2016 U.S. App. LEXIS 5073
| 7th Cir. | 2016Background
- On Nov. 19, 2011, Hill robbed Illiana Financial Credit Union in Naperville, taking ≈ $134,000; a dye pack exploded staining much of the cash red.
- Hill used casinos to launder stained bills by feeding them into slot machines and cashing out vouchers; he successfully laundered some funds in Milwaukee three days earlier.
- On Nov. 26, 2011, casino staff at Horseshoe Casino (Hammond, IN) observed Hill feeding large amounts of red‑dyed, bank‑banded bills into slot machines without playing and reported this to security.
- Casino security (including a moonlighting Hammond police lieutenant, McKechnie) questioned Hill in the cash‑out area, observed red‑stained bills wrapped in bank bands, and escorted him to an interview room where a search incident to arrest uncovered the remainder of the cash.
- Hill was indicted for bank robbery, money laundering, and interstate transportation of stolen funds; he moved to suppress his arrest, the search, and his statements, and moved in limine to exclude expert historical cell‑site analysis; the district court denied all motions and a jury convicted Hill.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial encounter in the cash‑out area an arrest? | Hill: the interaction was an arrest lacking probable cause. | Gov't: the encounter was consensual or at most an investigatory stop supported by reasonable suspicion. | Not an arrest; at most an investigatory stop. Interaction lawful. |
| If not an arrest, was the stop supported by reasonable suspicion? | Hill: insufficient basis for a Terry stop. | Gov't: reports from slot attendant and casino staff plus visible red, bank‑banded bills and Hill’s demeanor gave reasonable suspicion. | Totality of circumstances supplied reasonable, articulable suspicion. |
| Was escorting Hill to the interview room and arrest supported by probable cause? | Hill: moving him to the room amounted to an arrest without probable cause. | Gov't: by then officers had probable cause based on observations, reports, and Hill’s implausible story. | Probable cause existed; arrest and search incident to arrest were lawful. |
| Was Agent Raschke’s historical cell‑site analysis admissible under Rule 702/Daubert? | Hill: the technique is unreliable/overbroad and testimony should be excluded. | Gov't: the technique is specialized, generally accepted in practice, and Raschke explained limits; testimony would assist the jury. | Admissible. Court cautioned against overstating precision but found no abuse of discretion in admission. |
Key Cases Cited
- Abbott v. Sangamon Cnty., 705 F.3d 706 (7th Cir.) (defining when a seizure amounts to an arrest)
- California v. Hodari D., 499 U.S. 621 (1991) (physical force or submission to assertion of authority required for arrest)
- Terry v. Ohio, 392 U.S. 1 (1968) (investigatory stop standard)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (reasonable suspicion requires minimal objective justification)
- United States v. Arvizu, 534 U.S. 266 (2002) (totality of circumstances for reasonable suspicion)
- United States v. Villalpando, 588 F.3d 1124 (7th Cir.) (standard of review for suppression findings)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause assessed under totality of circumstances)
- Arizona v. Gant, 556 U.S. 332 (2009) (scope of search incident to arrest; area within immediate control)
- Daubert v. Merrell Dow Pharm., 509 U.S. 579 (1993) (gatekeeping for expert testimony)
- Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) (Daubert gatekeeping applies to all expert testimony)
