People v. Cregan

This case presents question as to whether police made proper search of defendant's luggage that was near defendant at time of his arrest at train station on charge of failure to pay child support. Appellate Court found that instant search was permissible as search incident to arrest where luggage was in defendant's immediate control during his arrest, and that officers were not required to relinquish control of luggage to third-party, who was standing near defendant. Appellate Court also rejected defendant's claim that search of his luggage was unreasonable under Gant, 556 US 332 even though he had been handcuffed and surrounded by three officers at time of search, and even though police could not have expected to find either evidence of his failure to pay child support inside his luggage or presence of any weapon inside container of hair gel where drugs were found that formed basis of instant criminal charge.