Illinois v. McArthur, 531 U.S. 326, 8 (2001)

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Cite as: 531 U. S. 326 (2001)

Opinion of the Court

States v. Place, 462 U. S., at 709-710 (holding 90-minute detention of luggage unreasonable based on nature of interference with person's travels and lack of diligence of police), with United States v. Van Leeuwen, 397 U. S. 249, 253 (1970) (holding 29-hour detention of mailed package reasonable given unavoidable delay in obtaining warrant and minimal nature of intrusion). Given the nature of the intrusion and the law enforcement interest at stake, this brief seizure of the premises was permissible.

B

Our conclusion that the restriction was lawful finds significant support in this Court's case law. In Segura v. United States, 468 U. S. 796 (1984), the Court considered the admissibility of drugs which the police had found in a lawful, warrant-based search of an apartment, but only after unlawfully entering the apartment and occupying it for 19 hours. The majority held that the drugs were admissible because, had the police acted lawfully throughout, they could have discovered and seized the drugs pursuant to the validly issued warrant. See id., at 799, 814-815 (citing Silverthorne Lumber Co. v. United States, 251 U. S. 385 (1920)). The minority disagreed. However, when describing alternative lawful search and seizure methods, both majority and minority assumed, at least for argument's sake, that the police, armed with reliable information that the apartment contained drugs, might lawfully have sealed the apartment from the outside, restricting entry into the apartment while waiting for the warrant. Compare Segura v. United States, 468 U. S., at 814 ("Had police never entered the apartment, but instead conducted a perimeter stakeout to prevent anyone from entering . . . and destroying evidence, the contraband . . . would have been . . . seized precisely as it was here"), with id., at 824, n. 15 (Stevens, J., dissenting) ("I assume impoundment would be permissible

333

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