Brief Fact Summary. Police kept a man suspected of keeping drugs in his house for two hours while waiting for a warrant.
Synopsis of Rule of Law. Police officers, operating with probable cause that the domicile contained incriminating evidence, under the reasonable belief that the evidence would be destroyed, who make efforts to “reconcile their law enforcement needs with the demands of personal privacy” and placed a restraint for a limited period of time, are compliant with the Fourth Amendment.
Issue. “[W]hether . . . officers violated the Fourth Amendment” by preventing a suspect from entering his home for two hours while waiting for a warrant.
Held. No. The court, based on precedent, “balance[d] the privacy-related and law enforcement-related concerns to determine if the intrusion was reasonable.” The police had probable cause “to believe that McArthur’s . . . home contained evidence of … unlawful drugs” based on conversations with the respondent’s wife. They had “good reason to fear that, unless restrained, McArthur would destroy the drugs before they could return with the warrant.” They made “reasonable efforts to reconcile their law enforcement needs with the demands of personal privacy,” by not searching the trailer, nor arresting the respondent. Finally, the period of restraint was limited.
Since these premises were impounded from the inside, I assume impoundment would be permissible 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.View Full Point of Law