United States v. Markanthony Sapalasan

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-30251

Plaintiff-Appellee, D.C. No. 3:18-cr-00130- v. TMB-MMS-

MARKANTHONY DELEON

SAPALASAN, OPINION

Defendant-Appellant.

Appeal from the United States District Court for the District of Alaska Timothy M. Burgess, District Judge, Presiding

Argued and Submitted September 12, 2023 Seattle, Washington

Filed April 1, 2024

Before: Michael Daly Hawkins, Ryan D. Nelson, and Daniel P. Collins, Circuit Judges.

Opinion by Judge R. Nelson; Concurrence by Judge R. Nelson; Dissent by Judge Hawkins SUMMARY *

Criminal Law

In a case in which Markanthony Sapalasan was convicted of drug felonies, the panel affirmed the district court’s denial of Sapalasan’s motion to suppress methamphetamine found during an officer’s inventory search of Sapalasan’s backpack. The panel held that the police may constitutionally conduct an inventory search of belongings when the property is lawfully retained and the search is done in compliance with police regulations, even after the…