Illinois v. McArthur, 531 U.S. 326, 9 (2001)

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334

ILLINOIS v. McARTHUR

Opinion of the Court

even absent exigent circumstances when it occurs 'from the outside'—when the authorities merely seal off premises pending the issuance of a warrant but do not enter"); see also Mincey v. Arizona, 437 U. S. 385, 394 (1978) (exigent circumstances do not justify search where police guard at door could prevent loss of evidence); United States v. Jeffers, 342 U. S. 48, 52 (1951) (same).

In various other circumstances, this Court has upheld temporary restraints where needed to preserve evidence until police could obtain a warrant. See, e. g., United States v. Place, supra, at 706 (reasonable suspicion justifies brief detention of luggage pending further investigation); United States v. Van Leeuwen, supra, at 253 (reasonable suspicion justifies detaining package delivered for mailing). Cf. Richards v. Wisconsin, 520 U. S. 385, 395 (1997) (no need to "knock and announce" when executing a search warrant where officers reasonably suspect that evidence might be destroyed); Carroll v. United States, 267 U. S. 132, 153 (1925) (warrantless search of automobile constitutionally permissible).

We have found no case in which this Court has held unlawful a temporary seizure that was supported by probable cause and was designed to prevent the loss of evidence while the police diligently obtained a warrant in a reasonable period of time. But cf. Welsh v. Wisconsin, 466 U. S. 740, 754 (1984) (holding warrantless entry into and arrest in home unreasonable despite possibility that evidence of noncriminal offense would be lost while warrant was being obtained).

C

Nor are we persuaded by the countervailing considerations that the parties or lower courts have raised. McArthur argues that the police proceeded without probable cause. But McArthur has waived this argument. See 304 Ill. App. 3d, at 397, 713 N. E. 2d, at 95 (stating that McArthur

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