No. 24-6983

Markanthony Deleon Sapalasan v. United States

Lower Court: Ninth Circuit
Docketed: 2025-04-14
Status: Denied
Type: IFP
IFP
Tags: detention fourth-amendment inventory-search law-enforcement property-retention search-and-seizure
Key Terms:
FourthAmendment
Latest Conference: 2025-09-29
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

β€œAt 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. 260 5, 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 rel ease, 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?

Docket Entries

2025-10-06
Petition DENIED.
2025-07-31
DISTRIBUTED for Conference of 9/29/2025.
2025-07-14
Brief of United States in opposition submitted.
2025-07-14
Brief of respondent United States in opposition filed.
2025-06-04
Motion to extend the time to file a response is granted and the time is further extended to and including July 14, 2025.
2025-06-03
Motion of United States for an extension of time submitted.
2025-06-03
Motion to extend the time to file a response from June 13, 2025 to July 14, 2025, submitted to The Clerk.
2025-05-08
Motion to extend the time to file a response is granted and the time is extended to and including June 13, 2025
2025-05-08
Motion to extend the time to file a response is granted and the time is extended to and including June 13, 2025.
2025-05-07
Motion of United States for an extension of time submitted.
2025-05-07
Motion to extend the time to file a response from May 14, 2025 to June 13, 2025, submitted to The Clerk.
2025-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2025)

Attorneys

Markanthony Sapalasan
Thomas E. Weaver Jr.The Law Office of Thomas E. Weaver, Petitioner
Thomas E. Weaver Jr.The Law Office of Thomas E. Weaver, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Sarah M. HarrisActing Solicitor General, Respondent