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Date: 09-09-2022

Case Style:

United States of America v. Roger E. Pace

Case Number: 21-2151

Judge: Ripple

Court: United States Court of Appeals for the Seventh Circuit on appeal from the Central District of Illinois (Peoria County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:



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Description: Peoria, Illinois criminal lawyer represented Defendant charged with possession with intent to distribute drugs.

On April 5, 2019, at around 10:30 p.m., Officer Ryan Crowder observed a white SUV in the parking lot of a local business. An individual was sitting inside the SUV. That night, Officer Crowder was the only police officer on duty in the small town of Pleasant Hill, Illinois. He testified that he pulled into the parking lot to investigate the SUV because it was nighttime, the business was closed, and he had never seen that particular SUV in Pleasant Hill. As soon as Officer Crowder pulled his car alongside the SUV, Mr. Pace exited his vehicle and started speaking with him. Mr. Pace explained that he was in town visiting his friend, Jennifer Johns, but was lost and needed directions to Carolina Street where Johns lived.

Officer Crowder knew of Johns and of her past methamphetamine use. Indeed, Johns previously had provided information to Officer Crowder about methamphetamine use in Pleasant Hill, and this information had led to the arrest of a person for possession of the drug. A member of the Western Central Illinois Task Force also had informed him that a confidential source reported that Johns and her mother were using and moving methamphetamine. Finally, Officer Crowder had received complaints from Johns's neighbors about frequent traffic at her home, which was consistent with drug trafficking. Officer Crowder testified that Mr. Pace's mention of Johns's name and of his planned late-night visit to her residence therefore raised a red flag.

After providing Mr. Pace with directions to Johns's home, Officer Crowder backed up his police car, activated his emergency lights, and parked directly behind Mr. Pace's SUV. At this point, less than one minute had elapsed from the time that Officer Crowder had initially stopped.[1] While Officer Crowder moved his squad car, Mr. Pace stood in front of his SUV and talked on his phone. The exit to the parking lot was in front of Mr. Pace's car; nothing obstructed his ability to drive away.

Officer Crowder then approached Mr. Pace again and asked for his driver's license. Shining his flashlight inside the SUV, he did not see any weapons or contraband but did see multiple musical instrument cases. Mr. Pace walked to the back of his SUV and attempted to get one of the instruments out to play for Officer Crowder but was asked to leave it in the vehicle. Mr. Pace's behavior struck Officer Crowder as very odd and overly friendly, yet nervous at the same time. Officer Crowder attempted to radio Mr. Pace's driver's license into dispatch to confirm its validity and to ascertain whether Mr. Pace had any warrants. Discovering that his portable radio was not working, Officer Crowder returned to his squad car with Mr. Pace's license and waited for dispatch to respond. He also called an officer from another agency to determine whether he could assist, but the officer was busy.

Dispatch confirmed that Mr. Pace's license was clear and that he had no outstanding warrants. It further indicated, however, that he had a history of drug possession including methamphetamine, narcotic instruments, and drug paraphernalia. Officer Crowder also checked a website that provides a person's criminal history from several jurisdictions. According to the site, Mr. Pace was on probation for possession of methamphetamine.[2] After exiting his squad car, Officer Crowder inquired whether Mr. Pace had any weapons. Mr. Pace denied that he did and consented to a search of his person. Officer Crowder then asked if Mr. Pace would consent to a search of his SUV, but Mr. Pace declined.

At that point, Officer Crowder informed Mr. Pace that he was going to conduct a free air sniff of his SUV with his canine partner. Officer Crowder then explained to Mr. Pace that he was not under arrest, but that he was going to place him in restraints during the sniff for officer safety. He handcuffed Mr. Pace's hands in front of his body. Both Officer Crowder and Mr. Pace walked back to the SUV, and Mr. Pace retrieved an item from the front of the vehicle. Officer Crowder then placed him in front of his squad car. Officer Crowder retrieved his K-9 from the squad car. After the dog alerted to the presence of drugs in the SUV, Officer Crowder searched the SUV and found both methamphetamine and cannabis. Officer Crowder then arrested Mr. Pace and placed him inside the squad car.

* * *

Following his indictment for possession with intent to distribute methamphetamine, Mr. Pace filed a motion to suppress, asserting that all evidence obtained from the seizure, search, and arrest should be suppressed.

* * *


In determining whether an encounter is consensual, we have provided a nonexclusive, non-exhaustive list of factors for the district courts to consider:

• where the interaction took place, including whether it was in public;

• how many police officers were present;

• the extent to which the police presence was threatening;

• whether the officers made any show of weapons or physical force;

• the officers' language and tone;

• whether the police suggested the defendant was suspected of crime; and

• whether officers told the defendant he was free to leave.

United States v. Holly, 940 F.3d 995, 1000 (7th Cir. 2019).
United States v. Pace (7th Cir. 2022)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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