Markanthony Deleon Sapalasan v. United States

“At the stationhouse, it is entirely proper for police to remove and list or inventory property found on the person or in the possession of an arrested person who is to be jailed.” Illinois v. Lafayette, 462 U.S. 640, 646, 103 S.Ct. 2605, 77 L.Ed.2d 65 (1983) (emphasis added). Law enforcement lawfully detained a man, separated him from his backpack, and transported him to the police station for questioning. He was determined to be a witness to, but not a suspect in, any crime and released without charges; but his backpack was retained. Several hours after his release, the backpack was the subject of an inventory search. Does it violate the Fourth Amendment to retain personal property of a person who is not going to be incarcerated and to search the property long after the person has been released?