ILLINOIS V. LAFAYETTE 462 U.S. 640 (1983) CASE BRIEF

ILLINOIS V. LAFAYETTE

462 U.S. 640 (1983)

NATURE OF THE CASE: Lafayette (D) was searched subsequent to an arrest for disturbing the peace. D had amphetamine pills in his shoulder bag. D was charged with violating the Illinois Controlled Substances Act, and at a pretrial hearing the trial court ordered suppression of the pills. The Illinois Appellate Court affirmed, holding that the shoulder bag search did not constitute a valid search incident to a lawful arrest or a valid inventory search of respondent's belongings. The Supreme Court granted certiorari.

FACTS: Police arrived at a movie theater to find D involved in an altercation with the theater manager. D was arrested for disturbing the peace. D was handcuffed and taken to the police station. D carried a purse-type shoulder bag on the trip to the station. D was taken to the booking room and ordered him to empty his pockets and place the contents on the counter. D took a package of cigarettes from his shoulder bag and placed the bag on the counter. The officer then removed the contents of the bag, and found 10 amphetamine pills inside the plastic wrap of a cigarette package. D was charged with violating 402(b) of the Illinois Controlled Substances Act. A pretrial suppression hearing was held at which the State (P) argued that the search of the shoulder bag was a valid inventory search. It was standard procedure to inventory 'everything' in the possession of an arrested person. After the hearing, but before any ruling, P submitted a brief in which it argued for the first time that the search was valid as a delayed search incident to arrest. Thereafter, the trial court ordered the suppression of the amphetamine pills. The Illinois Appellate Court affirmed. It held that P had waived the argument that the search was incident to a valid arrest by failing to raise that argument at the suppression hearing. The state court held that the search was not a valid inventory of D's belongings because the State's legitimate interests could have been met in a less intrusive manner, by 'sealing [the shoulder bag] within a plastic bag or box and placing it in a secured locker.' The postponed warrantless search of the bag was neither incident to his lawful arrest nor a valid inventory of his belongings, and thus, violated the fourth amendment.' The Illinois Supreme Court denied discretionary review. The Supreme Court granted certiorari.

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LEGAL ANALYSIS:

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