Background
In two thousand and twenty-two, law enforcement officers executed a warrant and arrested William Fillyaw in a Gurnee, Illinois apartment parking lot. While handcuffing Fillyaw, officers removed his backpack and searched it minutes later, discovering a loaded handgun and various drugs. Fillyaw moved to suppress the evidence, arguing the search violated the Fourth Amendment, but the district court denied the motion based on the inventory search exception. Fillyaw pleaded guilty to federal charges while reserving his right to appeal the suppression ruling.
The court’s reasoning
The court found that the law has long been clear that it is reasonable for officers to take custody of personal property in an arrestee’s possession when the arrest occurs in a public space. Once lawful custody is established, authorities may conduct an inventory search in accordance with established procedures. The court rejected arguments that officers should have left the backpack unattended or transferred it to a third party, noting no evidence showed such requests were made. The court also held that minor deviations from written department policies, such as using the wrong form or having only one officer conduct the search, do not render an inventory search unreasonable. The court declined to address a forfeited claim regarding the use of a commercial license plate reader database.
What it means going forward
This decision reinforces the authority of law enforcement to secure and inventory personal property carried by arrestees in public areas without a warrant, provided the search follows established department procedures and any deviations are minor.
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