Illinois v. McArthur, 531 U.S. 326, 15 (2001)

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340

ILLINOIS v. McARTHUR

Stevens, J., dissenting

related and law enforcement-related concerns to determine if the intrusion was reasonable." Ante, at 331. Under the specific facts of this case, I believe the majority gets the balance wrong. Each of the Illinois jurists who participated in the decision of this case placed a higher value on the sanctity of the ordinary citizen's home than on the prosecution of this petty offense. They correctly viewed that interest—whether the home be a humble cottage, a secondhand trailer, or a stately mansion—as one meriting the most serious constitutional protection.3 Following their analysis and the reasoning in our decision in Welsh v. Wisconsin, 466 U. S. 740 (1984) (holding that some offenses may be so minor as to make it unreasonable for police to undertake searches that would be constitutionally permissible if graver offenses were suspected), I would affirm.

3 Principled respect for the sanctity of the home has long animated this Court's Fourth Amendment jurisprudence. See, e. g., Wilson v. Layne, 526 U. S. 603, 610 (1999) ("The Fourth Amendment embodies this centuries-old principle of respect for the privacy of the home"); Payton v. New York, 445 U. S. 573, 601 (1980) (emphasizing "the overriding respect for the sanctity of the home that has been embedded in our traditions since the origins of the Republic"); Mincey v. Arizona, 437 U. S. 385, 393 (1978) ("[T]he Fourth Amendment reflects the view of those who wrote the Bill of Rights that the privacy of a person's home and property may not be totally sacrificed in the name of maximum simplicity in enforcement of the criminal law").

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