Illinois v. McArthur

Background

A wife asked police to accompany her to the trailer where she lived with her husband so she could remove her belongings. She told officers she had seen her husband slide drugs under the couch. Officers stayed outside. The husband denied permission to search. An officer left to get a warrant. The officers told the husband he could not reenter the trailer unless accompanied by an officer. About two hours later officers returned with a warrant, searched, found drug paraphernalia and a small amount of marijuana, and arrested him. The trial court suppressed the evidence and state courts affirmed suppression, leading to this Supreme Court review.

Reasoning

The Court asked whether briefly preventing a person from reentering his home while police obtain a warrant violates the Fourth Amendment. It balanced privacy and law enforcement interests. The Court found probable cause, a real risk the man would destroy the drugs, and that the police used a limited restraint: no search or arrest, the home left intact, and the delay lasted about two hours. Relying on prior cases, the Court held the brief restraint was reasonable and lawful.

Real world impact

The decision allows officers, in similar circumstances, to bar someone from reentering a home briefly to protect evidence while they diligently obtain a warrant. It affects homeowners, especially where police have probable cause to suspect hidden contraband. The ruling is limited: it requires probable cause, tailoring to privacy, and a short delay; it does not give police unlimited authority to search without a warrant.

Dissents or concurrances

Justice Souter concurred, noting a greater intrusion might be justified in different circumstances and explaining why impoundment can encourage obtaining warrants. Justice Stevens dissented, arguing the offense was minor and that the sanctity of the home should prevail; he would have affirmed suppression.