Cite as: 531 U. S. 326 (2001)
Syllabus
made reasonable efforts to reconcile their law enforcement needs with the demands of personal privacy by avoiding a warrantless entry or arrest and preventing McArthur only from entering his home unaccompanied. Fourth, they imposed the restraint for a limited period, which was no longer than reasonably necessary for them, acting with diligence, to obtain the warrant. Pp. 330-333.
(b) The conclusion that the restriction was lawful finds significant support in this Court's case law. See, e. g., Segura v. United States, 468 U. S. 796; United States v. Place, supra, at 706. And in no case has this Court 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. But cf. Welsh v. Wisconsin, 466 U. S. 740, 754. Pp. 333-334.
(c) The Court is not persuaded by the countervailing considerations raised by the parties or lower courts: that the police proceeded without probable cause; that, because McArthur was on his porch, the police order that he stay outside his home amounted to an impermissible "constructive eviction"; that an officer, with McArthur's consent, stepped inside the home's doorway to observe McArthur when Mc-Arthur reentered the home on two or three occasions; and that Welsh v. Wisconsin, supra, at 742, 754, offers direct support for McArthur's position. Pp. 334-336.
304 Ill. App. 3d 395, 713 N. E. 2d 93, reversed and remanded.
Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Souter, J., filed a concurring opinion, post, p. 337. Stevens, J., filed a dissenting opinion, post, p. 338.
Joel D. Bertocchi, Solicitor General of Illinois, argued the cause for petitioner. With him on the briefs were James E. Ryan, Attorney General, and William L. Browers and Colleen M. Griffin, Assistant Attorneys General.
Matthew D. Roberts argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Deborah Watson.
327
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007