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illinois Vs. Mcarthur

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  • US Supreme Court
  • Feb 20, 2001

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70 entries 5 linked 65 unlinked
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  1. United States Vs. Place US Supreme Court · Jun 20, 1983
  2. Terry Vs. Ohio US Supreme Court · Jun 10, 1968
  3. Schmerber Vs. California US Supreme Court · Jun 20, 1966
  4. United States Vs. Jeffers US Supreme Court · Nov 13, 1951
    Relied / Followed
  5. United States Vs. Santana US Supreme Court · Jun 24, 1976
  6. U.S. 326 (2001) October Term, 2000 Syllabus Illinois V. Mcarthur
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  7. ordinary case, personal property seizures are unreasonable unless accomplished pursuant to a warrant, United States v. Place
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  8. law enforcement needs, diminished expectations of privacy, minimal intrusions, and the like, see, e. g., Pennsylvania v. Labron
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  9. here involve a plausible claim of specially pressing or urgent law enforcement need. Cf., e. g., United States v. Place
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  10. at 701. Moreover, the restraint at issue was tailored to that need, being limited in time and scope, cf. Terry v. Ohio
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  11. U. S. 1, 29-30, and avoiding significant intrusion into the home itself, cf. Payton v. New
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  12. privacy-related and law enforcement-related concerns to determine if the intrusion here was reasonable. Cf. Delaware v. Prouse
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  13. The conclusion that the restriction was lawful finds significant support in this Court's case law. See, e. g., Segura v. United
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  14. to prevent the loss of evidence while the police diligently obtained a warrant in a reasonable period. But cf. Welsh v. Wisconsin
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  15. and that Welsh v. Wisconsin
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  16. is one of reasonableness. See Texas v. Brown
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  17. issued by a neutral magistrate after finding probable cause. United States v. Place
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  18. general, or individual, circumstances may render a warrantless search or seizure reasonable. See, e. g., Pennsylvania v. Labron
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  19. Michigan Dept. of State Police v. Sitz
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  20. Cf., e. g., United States v. Place
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  21. Warden, Md. Penitentiary v. Hayden
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  22. of evidence). Moreover, the restraint at issue was tailored to that need, being limited in time and scope, cf. Terry v. Ohio
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  23. supra, at 29-30, and avoiding significant intrusion into the home itself, cf. Payton v. New
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  24. is warrantless entry and search of home) (quoting United States v. United
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  25. the privacy-related and law enforcement-related concerns to determine if the intrusion was reasonable. Cf. Delaware v. Prouse
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  26. United States v. BrignoniPonce
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  27. at issue. And they thought, with good reason, that her report to them reflected that opportunity. Cf. Massachusetts v. Upton
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  28. a warrant. Fourth, the police imposed the restraint for a limited period of time, namely, two hours. Cf. Terry v. Ohio
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  29. necessary for the police, acting with diligence, to obtain the warrant. Compare United 333 States v. Place
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  30. based on nature of interference with person's travels and lack of diligence of police), with United States v. Van
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  31. B Our conclusion that the restriction was lawful finds significant support in this Court's case law. In Segura v. United
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  32. and seized the drugs pursuant to the validly issued warrant. See id., at 799, 814-815 (citing Silverthorne Lumber Co. v. United
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  33. the apartment from the outside, restricting entry into the apartment while waiting for the warrant. Compare Segura v. United
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  34. see also Mincey v. Arizona
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  35. temporary restraints where needed to preserve evidence until police could obtain a warrant. See, e. g., United States v. Place
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  36. United States v. Van
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  37. Leeuwen, supra, at 253 (reasonable suspicion justifies detaining package delivered for mailing). Cf. Richards v. Wisconsin
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  38. Carroll v. United
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  39. the loss of evidence while the police diligently obtained a warrant in a reasonable period of time. But cf. Welsh v. Wisconsin
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  40. and hence subject to arrest without a warrant permitting entry of the home. United States v. Santana
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  41. McArthur points to a case (and we believe it is the only case) that he believes offers direct support, namely, Welsh v. Wisconsin
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  42. intrusive than police entry into the home itself in order to make a warrantless arrest or conduct a search. Cf. Payton v. New
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  43. risk that undergirds the accepted exigent circumstances exception to the general warrant requirement. Schmerber v. California
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  44. have justified the police in entering McArthur's trailer promptly to make a lawful, warrantless search. United States v. Santana
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  45. is the immediate risk, and the limit of reasonable response by the police is set by the scope of the risk. See Terry v. Ohio
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  46. a warrant has a stronger claim to justification on later, judicial review than a search without one. See United States v. Ventresca
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  47. to limit an individual's possessory interest in his or her home pending the arrival of a search warrant. Cf. Segura v. United
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  48. the most serious constitutional protection.3 Following their analysis and the reasoning in our decision in Welsh v. Wisconsin
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  49. for the sanctity of the home has long animated this Court's Fourth Amendment jurisprudence. See, e. g., Wilson v. Layne
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  50. Syllabus Illinois V. Mcarthur
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