CB Illinois v. McArthur - reliable 2) Had good reason to...

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Illinois v. McArthur 531 U.S. 326 (2001) Fact: Procedural Facts: Trail court granted suppression motion. Appellate affirmed. Illinois supreme court denied petition for leave to appeal. US supreme court granted certiorari. Operative Facts: Officers came to accompany a wife while she moved her belongings out of a trailer house. She told them that the husband hid marijuana under the sofa, and so the police kept the husband out of the trailer while they got a search warrant. They found a marijuana pipe and a box for marijuana and a small amount of marijuana. They arrested Charles. Issue: Broad Question: Does the 4 th amendment prohibits the temporary seizure of a premise? Narrow Question: Rule: Police may reasonable preserve evidence until a search warrant is issued during a non- exigent case. Rational: Police did 4 things the court liked. 1) Police had probable cause, that the drugs were in there because the wife was deemed
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Unformatted text preview: reliable 2) Had good reason to fear that the Husband would destroy the drugs before warrant came back 3) Made reasonable efforts to reconcile their law enforcement needs with the demands of personal privacy. They let him enter, but always accompanied him. 4) It was in a limited period of time, which was deemed reasonable for this occasion (2 hours). Holding: No the 4 th amendment does not prohibit the temporary seizure of a premise if It satisfies 4 elements. First, the probable cause that there is evidence. Second, good reason that evidence will be destroyed if premise was not seized. Third, law enforcements made reasonable efforts to keep the suspect personal privacy and the law enforcements need to protect any destruction of evidence. And Fourth, the seizure was not for a unreasonable amount of time. Synthesis: Dissent/Concurrences:...
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