{"id":64210,"date":"2026-06-09T08:21:43","date_gmt":"2026-06-09T13:21:43","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64210"},"modified":"2026-06-09T09:52:26","modified_gmt":"2026-06-09T14:52:26","slug":"il-a-backpack-is-not-as-personal-a-repository-of-stuff-as-a-purse-or-wallet-officers-ordered-it-left-in-vehicle-for-safety-reasons-and-it-was-inventoried","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=64210","title":{"rendered":"IL: A backpack is not as personal a repository of stuff as a purse or wallet; officers ordered it left in vehicle for safety reasons and it was inventoried"},"content":{"rendered":"\n<p>Defendant\u2019s backpack is not as much a personal repository as a wallet or purse. When officers ordered the occupants out of the car, the backpack was at defendant\u2019s feet, and he was ordered to leave it behind. The inventory was valid. Officer safety was also a valid concern\u2013the backpack could have contained a weapon. <a href=\"https:\/\/ilcourtsaudio.blob.core.windows.net\/antilles-resources\/resources\/21ee8091-16cf-45e3-8dc5-f7630853e4f6\/People%20v.%20Wallace%202026%20IL%20App%20(4th)%20250795.pdf\">People v. Wallace<\/a>, 2026 IL App (4th) 250795, 2026 Ill. App. LEXIS 193 (June 5, 2026).<\/p>\n\n\n\n<p>Defense counsel can\u2019t be ineffective for not filing a frivolous Franks motion. United States v. Jenkins, 2026 U.S. Dist. LEXIS 125318 (N.D. Ind. June 5, 2026).*<\/p>\n\n\n\n<p>Plaintiff\u2019s Fourth Amendment civil claim was over seven years being filed, thus four years past limitations. McBee v. Battle, 2026 U.S. Dist. LEXIS 125706 (W.D. Ark. June 8, 2026).*<\/p>\n\n\n\n<p>Uncounseled at the hospital, defendant gave up the passcode to his cell phone to police. Defense counsel was not ineffective for not challenging that. Houbbadi v. State, 2026 Tenn. Crim. App. LEXIS 344 (June 5, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s backpack is not as much a personal repository as a wallet or purse. When officers ordered the occupants out of the car, the backpack was at defendant\u2019s feet, and he was ordered to leave it behind. The inventory was &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=64210\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,23,39,63],"tags":[],"class_list":["post-64210","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-ineffective-assistance","category-inventory","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64210","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=64210"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64210\/revisions"}],"predecessor-version":[{"id":64212,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64210\/revisions\/64212"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64210"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64210"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64210"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}