U.S. v. Charles

In prosecution on charge of possession of firearm as felon, Dist. Ct. did not err in denying defendant’s motion to suppress gun seized from defendant’s vehicle, where police encountered defendant, who matched 911 caller’s description of culprit who had accosted her with gun, at scene of said encounter within minutes of 911 call. Police had probable cause to arrest defendant on violation of state statute and Chicago ordinance prohibiting carrying of loaded gun in public based on contents of 911 call. Moreover, reasonable officer would have considered it likely that defendant had stashed gun in his nearby car, and automobile exception to 4th Amendment’s prohibition against warrantless searches allowed police to search defendant’s vehicle, where, as here, there was probable cause to believe it contained evidence of criminal activity. Dist. Ct., erred, though, in holding concurrent suppression hearing and trial in violation of Rule 12, where Dist. Ct. made no specific good cause finding to do so. However, defendant failed to establish any prejudice, where he requested bench trial prior to first hearing on otherwise untimely suppression motion.