Illinois v. McArthur
Citation and Court
531 U.S. 326 (2001) — Supreme Court of the United States
Facts
Police received information that a man had hidden drugs in his home. When officers asked to search, he refused. Officers prevented him from re-entering his home unaccompanied for about two hours while another officer obtained a search warrant. Upon executing the warrant, drugs were found.
Issue
Whether police violated the Fourth Amendment by temporarily preventing a person from entering his home unaccompanied in order to preserve evidence while officers obtained a search warrant.
Holding
The temporary seizure of the premises was reasonable under the Fourth Amendment given the officers’ efforts to obtain a warrant and the need to preserve evidence.
Rule / Doctrine
When police have probable cause to believe contraband is present and a resident has just been outside the home, a brief, reasonable restraint on re-entry to preserve evidence while a warrant is sought does not violate the Fourth Amendment. Courts balance the nature and quality of the intrusion against the government’s interest in preventing destruction of evidence.
Significance
Approved a limited, warrant-preserving seizure of premises without requiring either a warrant or full exigent circumstances, recognizing a middle ground between immediate forced entry and allowing evidence destruction.