People v. Cregan

Illinois Supreme Court
Criminal Court
Motions to Suppress
Case Number: 
2014 IL 113600
Decision Date: 
Friday, February 21, 2014
4th Dist.
McLean Co.
Appellate court affirmed.
Warrantless search of laundry bag Defendant was carrying over his shoulder, and wheeled luggage bag he was carrying when exiting train, upon arrest for failure to pay child support, were reasonable, as bags searched were personal effects immediately associated with his person. Court properly denied motion to suppress cocaine found inside hair gel container. Personal items may be searched incident to arrest because they are in such close proximity to the individual at time of arrest. If arrestee is, at time of arrest, in actual physical possession of a bag, it is immediately associated with the arrestee and is searchable. (THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring; BURKE and FREEMAN, dissenting.)