Police Search of Backpack During Arrest Was Lawful
Federal appeals court rules against arrestee in challenge to police officer's seizure of backpack during arrest in U.S. v. Fillyaw.
Local police officers executed a search warrant and arrested an individual in connection with an arson investigation. During the arrest (which took place in an apartment parking lot), police seized the arrestee's backpack and searched the contents, finding a loaded handgun and drugs. The arrestee filed a motion to suppress the evidence found in the backpack, arguing that the search violated his Fourth Amendment rights. The district court and Seventh Circuit Court of Appeals ruled in favor of the police, holding that police have the right to take custody of an arrestee's property and take inventory of that property when the arrest takes place in a public place.
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