People v. Cregan
961 N.E.2d 926
Ill. App. Ct.2011Background
- Police received anonymous tip of defendant traveling by train to Normal, Illinois; defendant had an outstanding civil arrest warrant and was a gang member.
- Officers from Normal's ProActive Unit arrested defendant at the train station; bags were dropped and held in officers’ custody.
- Bags were not locked; defendant asked that his bags be released to a companion, but officers conducted an on-site inventory before releasing them.
- During the search, a container of hair gel in the main compartment yielded 9.77 grams of cocaine; cocaine found inside a plastic bag.
- Trial court denied suppression, finding the bags were within defendant's immediate control and the search was for officer safety; bench trial later found him guilty after stipulations.
- Defendant was sentenced to 5½ years in prison; he appeals challenging the legality of the luggage search as incident to arrest and as an inventory search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the luggage search was valid as incident to arrest | Cregan | Cregan | Search was valid as incident to arrest |
| Whether the luggage search could be considered an inventory search | People | Cregan | Court did not need to resolve inventory-search issue; not dispositive to result |
| Whether the issue was forfeited due to non-presentation in posttrial motion | People | Cregan | Issue not forfeited; appellate review allowed as constitutional challenge |
Key Cases Cited
- United States v. Robinson, 414 U.S. 218 (U.S. 1973) (full search of arrestee permitted incident to lawful arrest)
- Chimel v. California, 395 U.S. 752 (U.S. 1969) (scope of search within arrestee's immediate control)
- United States v. Chadwick, 433 U.S. 1 (U.S. 1977) (limitations on searches of luggage not immediately associated with person)
- United States v. Knights, 534 U.S. 112 (U.S. 2001) (reasonable balance of privacy vs. government interests in searches)
- Hoskins v. State, 101 Ill.2d 209 (Ill. 1984) (purse search as a reasonable incident to arrest when tied to arrestee)
- People v. Gipson, 203 Ill.2d 298 (Ill. 2003) (inventory searches require reasonable police procedures)
- People v. Clark, 394 Ill.App.3d 344 (Ill. App. 2009) (inventory searches reasonable if police procedures are reasonable)