segura argued november decided july acting information petitioners probably trafficking cocaine apartment new york drug enforcement task force agents began surveillance petitioners thereafter upon observing petitioner colon deliver bulky package one parra restaurant parking lot petitioner segura one visited inside restaurant agents followed parra apartment stopped parra found possess cocaine immediately arrested advised constitutional rights admitted purchased cocaine petitioner segura confirmed petitioner colon made delivery restaurant task force agents authorized assistant attorney arrest petitioners advised search warrant petitioners apartment probably obtained following day agent secure premises prevent destruction evidence later evening agents arrested petitioner segura lobby petitioners apartment building took apartment knocked door opened petitioner colon entered apartment without requesting receiving permission agents conducted limited security check apartment process observed plain view various drug paraphernalia petitioner colon arrested petitioners taken custody two agents remained apartment awaiting warrant administrative delay search warrant issued hours initial entry apartment search pursuant warrant agents discovered inter alia cocaine records narcotics transactions items seized together observed security check district granted petitioners pretrial motion suppress seized evidence appeals held evidence discovered plain view initial entry evidence seized warrant search must suppressed petitioners subsequently convicted violating federal drug laws appeals affirmed held exclusionary rule reaches primary evidence obtained direct result illegal search seizure also evidence later discovered found derivative illegality fruit poisonous tree nardone exclusionary rule apply however connection illegal police conduct discovery seizure evidence attenuated dissipate taint example police independent source discovery evidence silverthorne lumber pp independent source challenged evidence evidence discovered search petitioners apartment pursuant valid warrant information warrant secured came sources wholly unconnected initial entry known agents well entry hence whether initial entry illegal irrelevant admissibility evidence exclusion evidence warranted derivative fruit poisonous tree pp burger announced judgment delivered opinion respect parts ii iii vi white powell rehnquist joined opinion respect part iv joined stevens filed dissenting opinion brennan marshall blackmun joined post peter fabricant argued cause petitioners briefs paul warburgh deputy solicitor general frey argued cause brief solicitor general lee assistant attorney general jensen alan horowitz gene reibman filed brief national association criminal defense lawyers amicus curiae chief justice burger delivered opinion granted certiorari decide whether earlier illegal entry fourth amendment requires suppression evidence seized later private residence pursuant valid search warrant issued information obtained police entry residence resolution issue requires us consider two separate questions first whether entry internal securing premises constituted impermissible seizure contents apartment seen unseen second whether evidence first discovered search apartment pursuant valid warrant issued day entry suppressed fruit illegal entry disposition questions carefully limited appeals affirmed district holding exigent circumstances justify warrantless entry petitioners apartment issue us reason question courts holding search illegal ensuing interference petitioners possessory interests apartment however another matter first question conclude assuming seizure contents petitioners apartment agents secured premises within seizure violate fourth amendment specifically hold officers probable cause enter premises probable cause arrest occupants legitimate possessory interests contents take custody period involved secure premises within preserve status quo others good faith process obtaining warrant violate fourth amendment proscription unreasonable seizures illegality initial entry show bearing second question resolution second question requires determine whether initial entry tainted discovery evidence challenged issue hold evidence discovered subsequent search apartment following day pursuant valid search warrant issued wholly information known officers entry apartment need suppressed fruit illegal entry warrant information based unrelated entry therefore constituted independent source evidence silverthorne lumber ii january new york drug enforcement task force received information indicating petitioners andres segura luz marina colon probably trafficking cocaine new york apartment acting information task force agents maintained continuing surveillance petitioners arrest february february agents observed meeting segura enrique later developed two discussed possible sale cocaine segura three days later february segura telephoned agreed provide cocaine two agreed delivery made day designated restaurant queens one esther parra arrived restaurant agreed segura visited inside restaurant agents observed colon deliver bulky package parra remained car restaurant parking lot short time delivery package parra left restaurant proceeded apartment task force agents followed agents stopped couple enter apartment parra found possess cocaine parra immediately arrested parra advised constitutional rights agreed cooperate agents admitted purchased cocaine segura confirmed colon made delivery restaurant earlier day agents observed informed agents segura call approximately evening learn sold cocaine case segura deliver additional cocaine day task force agents sought received authorization assistant attorney arrest segura colon agents advised assistant attorney lateness hour search warrant petitioners apartment probably obtained following day agents proceed secure premises prevent destruction evidence agents arrived petitioners apartment established external surveillance segura alone entered lobby apartment building immediately arrested agents first claimed reside building agents took third floor apartment knocked apartment door woman later identified colon appeared agents entered segura without requesting receiving permission three persons living room apartment addition colon present informed agents segura arrest search warrant apartment obtained following brief exchange living room agents conducted limited security check apartment ensure one else might pose threat safety destroy evidence process agents observed bedroom plain view scale jars lactose numerous small cellophane bags accouterments drug trafficking none items disturbed agents limited security check colon arrested search incident arrest agents found purse loaded revolver cash colon segura occupants apartment taken drug enforcement administration headquarters two task force agents remained petitioners apartment awaiting warrant characterized administrative delay warrant application presented magistrate next day warrant issued search performed approximately hours agents initial entry apartment search pursuant warrant agents discovered almost three pounds cocaine rounds ammunition fitting revolver agents found colon possession time arrest cash records narcotics transactions agents seized items together observed security check previous night trial district eastern district new york petitioners moved suppress evidence seized apartment items discovered plain view initial security check plain view first discovered subsequent warrant search full evidentiary hearing district granted petitioners motion ruled exigent circumstances justifying initial entry apartment accordingly held entry arrest colon search incident arrest effective seizure drug paraphernalia plain view illegal district ordered evidence suppressed fruits illegal searches district held warrant later issued supported information sufficient establish probable cause however read griffin cert denied requiring suppression evidence seized valid warrant district reasoned evidence necessarily discovered absent illegal entry occupation apartment colon might arranged drugs removed destroyed event apartment warrant search made analysis district held even drugs seized valid warrant fruit poisonous tree appeal limited admissibility incriminating evidence appeals affirmed part reversed part affirmed district holding initial warrantless entry justified exigent circumstances evidence discovered plain view initial entry must suppressed appeals rejected argument advanced evidence plain view excluded actually seized search warrant secured relying upon holding agapito cert denied appeals reversed district holding requiring suppression evidence seized valid warrant executed day following initial entry appeals described prudentially unsound district decision suppress evidence simply destroyed agents entered petitioners convicted conspiring distribute cocaine violation distributing possessing intent distribute cocaine violation subsequent review convictions second circuit affirmed rejecting claims petitioners search warrant procured material misrepresentations evidence trial insufficient matter law support convictions granted certiorari affirm iii outset important focus narrow precise question us noted appeals agreed district initial warrantless entry limited security search justified exigent circumstances therefore illegal review aspect case sought government issue concerning items observed initial entry issue whether drugs items observed initial entry first discovered agents day entry admittedly valid search warrant suppressed suppression exclusionary rule judicially prescribed remedial measure remedial device application rule restricted areas remedial objectives thought efficaciously served calandra holdings exclusionary rule reaches primary evidence obtained direct result illegal search seizure weeks also evidence later discovered found derivative illegality fruit poisonous tree nardone extends well indirect direct products unconstitutional conduct wong sun evidence obtained direct result unconstitutional search seizure plainly subject exclusion question resolved claimed evidence subsequently obtained tainted fruit prior illegality whether challenged evidence come exploitation initial illegality instead means sufficiently distinguishable purged primary taint citation omitted emphasis added essence provision forbidding acquisition evidence certain way merely evidence acquired shall used shall used course mean facts thus obtained become sacred inaccessible knowledge gained independent source may proved like others silverthorne lumber emphasis added iv petitioners argue contents apartment seen seen including evidence question seized agents entered remained premises lawful occupants away apartment police custody essence argument contents control agents one permitted remove incriminating evidence premises destroy seizure took place plainly argument advanced avoid silverthorne independent source exception contents apartment seized time illegal entry securing presumably evidence challenged suppressible primary evidence obtained direct result entry need decide whether agents entered apartment secured premises effected seizure cocaine cash ammunition narcotics records within meaning fourth amendment terms fourth amendment forbids unreasonable searches seizures assuming arguendo agents seized entire apartment contents petitioners suggest seizure unreasonable totality circumstances different interests implicated seizure search jacobsen texas brown stevens concurring judgment chadwick chambers maroney seizure affects person possessory interests search affects person privacy interests jacobsen supra chadwick supra see generally texas brown supra stevens concurring judgment recognizing generally less intrusive nature seizure chadwick supra chambers maroney supra frequently approved warrantless seizures property basis probable cause time necessary secure warrant warrantless search either held likely held impermissible chambers maroney supra chadwick supra arkansas sanders focused issue notably chambers holding reasonable seize impound automobile basis probable cause whatever period necessary obtain warrant search omitted acknowledged chambers following car warrant obtained alternative impoundment albeit impractical one allowed seizure nonetheless otherwise occupants car removed instruments fruits crime search allowed warrantless seizure protect evidence destruction even though immediate fear evidence process destroyed otherwise lost chambers declared constitutional purposes see difference one hand seizing holding car presenting probable cause issue magistrate hand carrying immediate search without warrant given probable cause search either course reasonable fourth amendment emphasis added underlying decisions belief society interest discovery protection incriminating evidence removal destruction supersede least limited period person possessory interest property provided probable cause believe property associated criminal activity see place occasion consider whether officers probable cause believe evidence criminal activity premises temporary securing dwelling prevent removal destruction evidence violates fourth amendment however two cases suggested securing premises circumstances violate fourth amendment least undertaken preserve status quo search warrant sought mincey arizona noted approval preserve evidence police guard stationed entrance apartment homicide committed even though indication evidence lost destroyed removed time required obtain search warrant similarly rawlings kentucky although officers secured within home person arrest warrant detained occupants officers obtaining search warrant question admissibility evidence discovered pursuant warrant later issued see reason mincey rawlings suggest principle applied chambers chadwick sanders apply dwelling involved sanctity home disputed home sacred fourth amendment terms primarily occupants possessory interests premises privacy interests activities take place within fourth amendment protects people places katz see also payton new york white dissenting noted however seizure affects possessory interests privacy interests therefore heightened protection accord privacy interests simply implicated seizure premises search issue hold therefore securing dwelling basis probable cause prevent destruction removal evidence search warrant sought unreasonable seizure either dwelling contents reaffirm time however absent exigent circumstances warrantless search invalidated vale louisiana illegal agents abundant probable cause advance entry believe criminal drug operation carried petitioners apartment indeed petitioners dispute determination agents maintained surveillance petitioners weeks observed petitioners leave apartment make sales cocaine wholly apart observations made extended surveillance told agents arrest february petitioners supplied cocaine earlier day purchased cocaine offered segura segura probably cocaine apartment basis information magistrate duly issued search warrant validity upheld district appeals us case agents entered secured apartment within arguably wiser course depart immediately secure premises outside stakeout security check revealed one taken custody apartment method actually employed require different result fourth amendment insofar seizure concerned appeals held absent exigent circumstances entry may constituted illegal search interference petitioners privacy interests requiring suppression evidence observed entry securing premises within however interference petitioners possessory interests contents apartment perimeter stakeout words initial entry legal affect reasonableness seizure either method entry securing within perimeter stakeout agents control apartment pending arrival warrant internal securing perimeter stakeout interfere extent possessory interests owners petitioners argue heighten possibility illegal entries holding illegal entry securing premises inside render seizure unreasonable agents staked apartment outside disagree first place entry absence exigent circumstances illegal unwilling believe officers routinely purposely violate law matter course second practical matter officers probable cause process obtaining warrant reason enter premises warrant issues absent exigent circumstances course justify entry santana johnson third officers enter illegally recognize whatever evidence discover direct result entry may suppressed appeals case finally officers enter without exigent circumstances justify entry expose potential civil liability bivens six unknown federal narcotics agents course seizure reasonable inception based upon probable cause may become unreasonable result duration reasons cf place delay securing warrant occupation apartment continued throughout night next day delay securing warrant large metropolitan center unfortunately uncommon evidence bad faith suggestion officers bad faith purposely delayed obtaining warrant asserted explanation officers focused first task processing arrested turning task securing warrant unreasonable officers believe former take priority given case proprietors apartment custody officers throughout period question evidence agents way exploited presence apartment simply awaited issuance warrant moreover half delay following day reasonable assume judicial officers readily available consideration warrant requests finally important observed place supra intrusion possessory interests occasioned seizure vary nature extent seizure may made owner relinquished control property third party immediate custody control owner petitioners also argue even evidence subject suppression primary evidence seized virtue initial illegal entry occupation premises excluded fruit derived illegal entry whether initial entry illegal irrelevant admissibility challenged evidence independent source warrant evidence seized exclusion evidence derivative fruit poisonous tree warranted independent source none information warrant secured derived related way initial entry petitioners apartment information came sources wholly unconnected entry known agents well initial entry information obtained initial entry occupation apartment needed used agents secure warrant therefore beyond dispute information possessed agents entered apartment constituted independent source discovery seizure evidence challenged evidence discovered day following entry search conducted valid warrant product search wholly unrelated prior entry valid warrant search means sufficiently distinguishable purge evidence taint arising entry wong sun police never entered apartment instead conducted perimeter stakeout prevent anyone entering apartment destroying evidence contraband challenged discovered seized precisely legality initial entry thus wholly irrelevant wong sun supra silverthorne lumber conclusion challenged evidence admissible fully supported prior cases going back half century never held evidence fruit poisonous tree simply come light illegal actions police see wong sun supra rawlings kentucky brown illinois squarely conflict silverthorne cases allowing admission evidence notwithstanding prior illegality link illegality evidence sufficiently attenuated dissipate taint token cases make clear evidence excluded fruit unless illegality least cause discovery evidence suppression justified unless challenged evidence sense product illegal governmental activity crews illegal entry petitioners apartment contribute way discovery evidence seized warrant clear therefore even threshold requirement met case dissent contends initial entry securing premises causes discovery evidence agents entered apartment instead secured premises outside colon friends alerted removed destroyed evidence warrant issued dissent embraces reasoning petitioners press argument appeals rejected argument prudentially unsound rested wholly speculative assumptions among things appeals suggested agents waited enter apartment warrant issued might decided take segura apartment thereby alert colon alerted segura failure appear colon might attempted remove evidence rather destroy event agents intercepted evidence agree fully appeals district suggestion colon cohorts removed destroyed evidence pure speculation even important however decline extend exclusionary rule already exacts enormous price society system justice protect criminal activity dissent us may agents entered apartment petitioners might arranged removal destruction evidence sense agents actions considered cause discovery evidence juncture reminded justice frankfurter warning ophisticated argument may prove causal connection information obtained illegal conduct government proof admonition courts consider whether matter good sense connection may become attenuated dissipate taint nardone essence dissent constitutional right destroy evidence concept defies logic common sense vi agree appeals cocaine cash records ammunition properly admitted evidence accordingly judgment affirmed ordered footnotes parra indicted petitioners charged one count possession intent distribute kilogram cocaine one occasion one kilogram another occasion pleaded guilty charges moved district suppress kilogram cocaine found parra person time arrests ground task force agents stopped violation terry ohio denied motion parra absconded prior sentencing district griffin absent exigent circumstances police officers forcibly entered apartment discovered plain view narcotics related paraphernalia entry took place officers sought search warrant appeals sixth circuit affirmed district grant defendant suppression motion district appeals held initial entry apartment justified exigent circumstances thus items discovered plain view limited security check suppressed effect purposes fourth amendment although concede correctness holding contest government decided press argument exigent circumstances existed need address aspect appeals decision concerned whether appeals properly determined fourth amendment require suppression evidence seized execution valid warrant agapito dea agents following surveillance defendant hotel room arrested suspected occupants room lobby hotel arrests agents entered hotel room remained within exception periodic departures almost hours search warrant issued stay room agents seized open suitcase found room search pursuant warrant agents found cocaine suitcase although second circuit held initial entry illegal held cocaine need suppressed discovered search valid warrant two instances allowed temporary seizures limited detentions property based upon less probable cause van leeuwen refused invalidate seizure detention basis reasonable suspicion two packages delivered post office mailing one packages detained mere suspicion hours end period enough information obtained establish probable cause packages contained stolen coins package detained hours search warrant finally served seizures held reasonable fact suggested seizures detentions limited times prudent circumstances last term place considered validity brief seizure detention traveler luggage basis reasonable suspicion luggage contained contraband purpose seizure brief detention investigate causes suspicion although held detention luggage airport circumstances unreasonable held rationale terry ohio applies permit officer basis reasonable suspicion traveler carrying luggage containing contraband seize detain luggage briefly investigate circumstances aroused suspicion distinguished constitutional scholar raised question whether seizure premises might appropriate preserve status quo protect valuable evidence police officers good faith seek warrant real practical problem police officer power maintain status quo colleague taking time necessary draw sufficient affidavit support application search warrant finding magistrate submitting application obtaining search warrant issued bringing place arrest made seems inevitable minimum several hours required process best unless kind power prevent removal material premises destruction material time search warrant almost inevitably fruitless griswold md emphasis added case raises graphically question policeman protect evidence necessary state must leave premises get warrant allowing evidence seeks destroyed answer question makes unnecessarily difficult conviction prey upon society decision place inconsistent conclusion found unreasonable detention traveler luggage detention based suspicion luggage contained contraband probable cause probable cause established authorities held unopened luggage almost three days warrant obtained suggested delay presented independent basis suppression evidence eventually discovered holding respect consistent vast majority federal courts appeals held evidence obtained pursuant valid warrant search need excluded prior illegal entry see perez kinney cert denied fitzharris cert denied agapito bosby dictum federal appeals hold otherwise ninth circuit see lomas allard important note dissent stresses legal status agents initial entry occupation apartment however case involves evidence seized search made subsequently valid warrant implicit dissent agents presence apartment denied petitioners legal right arrange incriminating evidence concealed destroyed justice stevens justice brennan justice marshall justice blackmun join dissenting correct analysis fourth amendment issues raised case requires first precise identification two constitutional violations occurred second explanation remedy appropriate believe current record justifies suppression challenged evidence neither justify affirmance petitioners convictions must consider substantial contention supported findings district left unaddressed opinion authorities access evidence introduced petitioners trial made possible exploitation constitutional violations believe contention must addressed petitioners convictions finally affirmed remand proceedings disposition fear provide government agents affirmative incentive engage unconstitutional violations privacy home disposition therefore inconsistent primary purpose fourth amendment exclusionary rule ensure private citizens petitioners meaningful protection future violations rights events occurred february culmination investigation petitioners way two weeks evening february agents new york drug enforcement task force arrested parra told segura probably cocaine apartment point agents concluded probable cause search petitioners apartment contacted attorney office assistant attorney informed agents hour late obtain search warrant advised instead go apartment arrest segura secure premises pending issuance warrant agents arrived apartment hour later positioned fire escape observe anyone entering leaving apartment also put ears door heard nothing three hours waiting agents left perch went outside building continued waiting segura show district described followed around segura appeared began enter locked door lobby apprehended placed handcuffs arrest agents led shea informed wanted go upstairs segura replied live building apartment forcibly bringing third floor agents began hallway point segura resisted shea forced hallway door apartment located rear building view front building arrest took place shea knocked door segura standing handcuffed front luz colon unknown shea time opened door detective shea without walked apartment segura custody followed two agents five minutes later palumbo neither shea agent arrest warrant search warrant officers ask receive consent enter apartment app least two agents spent night apartment remained thoughout following day colleagues booked arrestees presumably persevered efforts obtain warrant search apartment finally february remaining agents informed search warrant issued point conducted thorough search district concluded thus lapse hours entry apartment execution search warrant time officers remained inside apartment complete control upon searching apartment agents found one kilo cocaine several rounds ammunition records narcotics transactions ii frames appropriate inquiry case whether evidence obtained search warrant executed fruit illegal conduct ante predicate inquiry illegal conduct must course identified district found exigent circumstances justified agents initial warrantless entry petitioners apartment app appeals affirmed finding government seek review thus uncontested warrantless entry petitioners apartment unconstitutional equally clear subsequent occupation apartment independently unconstitutional two separate reasons first occupation unreasonable search within meaning fourth amendment search purposes fourth amendment occurs reasonable expectation privacy infringed nowhere expectations privacy greater home repeatedly noted physical entry home chief evil wording fourth amendment directed district course invasion privacy occasioned physical entry cease initial entry mincey arizona held although police lawfully entered mincey home arrest constitution forbade remain home search reasoned despite lawful initial entry mincey retained constitutionally protected privacy interest home infringed without warrant see similarly chimel california see reason simply interference individual privacy freedom movement lawfully taken place intrusions automatically allowed despite absence warrant fourth amendment otherwise require remaining home initial entry agents exacerbated invasion petitioners protected privacy interests even assuming innocent motives agents occupation petitioners living quarters inevitably involved scrutiny variety personal effects throughout apartment petitioners privacy interests unreasonably infringed agents prolonged occupation home chief justice simply ignores point assuming constitutional distinction surveillance home outside physical occupation inside chief justice assumption course untenable fundamental difference breach entrance individual home fourth amendment protects individual privacy variety settings none zone privacy clearly defined bounded unambiguous physical dimensions individual home zone finds roots clear specific constitutional terms right people secure houses shall violated payton new york seizure constitutionally unreasonable even seizure reasonable inception become unreasonable duration place even exigent circumstances justified entry impoundment premises pending warrant one even argues circumstances existed duration seizure nevertheless unreasonable exigent circumstances may justify police conduct otherwise unreasonable undertaken without warrant conduct must strictly circumscribed exigencies justify initiation terry ohio cases chief justice cites ante proposition government may impound premises amount time necessary procure warrant thus application case whatsoever contention period hours even remotely necessary procure warrant contrast duration seizure piece luggage held unreasonable place duration seizure apartment contents case graphically illustrates unreasonable character agents conduct moreover unlike place involved seizure lawful inception seizure constitutionally unreasonable moment began conducted without warrant absence exigent circumstances clear since least chimel california police may neither search seize contents home without warrant simply basis concluding warrantless invasion petitioners home complied fourth amendment agents unreasonably delayed seeking judicial authorization seizure petitioners apartment seizure unreasonable nevertheless characterize astonishing holding chief justice joined justice concludes seizure apartment unreasonable advances three reasons conclusion none merit first seeks justify delay officers focused first task processing arrested turning task securing warrant ante evidence task presented difficulties indeed since arrest occupants unconstitutional truly ironic chief justice uses one wrong justify another greater significance district expressly found length delay unreasonable government made attempt justify finding upheld appeals government expressly concedes delay unreasonable second chief justice suggests relevant officers act bad faith ante done despite fact finding whether agents acted good bad faith reason litigants never raised issue important repeatedly held police officer good bad faith undertaking search seizure irrelevant constitutional reasonableness today finally important conclusion chief justice suggests significant interference petitioners possessory interests apartment custody anyway ante cases legion holding citizen retains protected possessory interest home effects within may infringed without warrant even though person custody mincey chimel two instances general rule defendants cases custody yet held protected possessory interests homes effects within infringed without warrant even person custody arrest based probable cause still course owns house right exclude others including federal narcotics agents remains inviolate even strange chief justice conclusion permits authorities benefit fact unlawfully arrested colon colon home arrested without warrant unconstitutional agents decided obey constitution arrest colon relinquished control property presumably unreasonable agents remained premises chief justice analysis however agents conducted unlawful arrest addition previous unlawful entry otherwise unreasonable occupation becomes reasonable chief justice approach reasonable agents conduct sense achieve purpose thus basis record evidence findings district clear occupation petitioners apartment second independent violation fourth amendment fruit initial illegal entry apartment also constituted unreasonable search seizure apartment district concluded violations remedied suppression evidence found apartment appeals agreed suppression prewarrant evidence proper remedy first violation prescribed remedy second chief justice agree second violation concludes unconstitutional conduct occur neutralized ultimate issuance valid warrant reaching conclusion correctly recognizes law requires suppression evidence come exploitation initial illegality instead means sufficiently distinguishable purged primary taint ante quoting wong sun fails however discuss reason rule apply facts case iii every time holds unconstitutionally obtained evidence may used criminal trial acutely aware social costs holding entails compelling reason justify repeated imposition costs society reason course prevent violations constitution occurring repeatedly stated principal purpose exclusionary rule deter violations fourth amendment see stone powell janis peltier calandra rule calculated prevent repair purpose deter compel respect constitutional guaranty effectively available way removing incentive disregard elkins however mechanically applied rule every item evidence causal connection police misconduct notion dissipation taint attempts mark point detrimental consequences illegal police action become attenuated deterrent effect exclusionary rule longer justifies cost brown illinois powell concurring part point well illustrated cases concerning use confessions obtained result unlawful arrests wong sun rejected rule evidence obtained illegal actions police suppressed see yet brown illinois continuing reject rule see held taint unlawful arrest purged merely warning arrestee right remain silent consult counsel required miranda arizona explained miranda warnings held attenuate taint unconstitutional arrest regardless wanton purposeful fourth amendment violation effect exclusionary rule substantially diluted arrests made without warrant without probable cause questioning investigation encouraged knowledge evidence derived therefrom well made admissible trial simple expedient giving miranda warnings incentive avoid fourth amendment violations eviscerated making warnings effect constitutional guarantee unlawful searches seizures said reduced form words citation omitted iv concludes evidence introduced petitioners trial obtained source independent prior illegality search warrant explains since police legal basis obtaining executing search warrant fruits authorized search produced exploitation prior illegality ante significant analytical difficulties lurking approach first accepts distinction evidence obtained pursuant warrant evidence obtained initial illegal entry ante see also ante opinion burger draw distinction prewarrant evidence evidence warrant embraced categories equally unlawful entry reason believe evidence plain view remained apartment obtained warrant executed evidence concealed warrant provided independent justification seizing evidence apartment plain view much items concealed plain view items actually removed apartment warrant executed thus interference petitioners possessory interest items interest concealed items execution valid warrant takes poison hidden fruit think also remove taint fruit plain view second holding inadequate resolve claims raised petitioners fruits judicially authorized search untainted information obtained initial entry occupation apartment needed used agents secure warrant ante sufficient dispose claim petitioners make information led issuance search warrant tainted dispose claim petitioners make agents access fruits authorized search rather information led search product illegal conduct question length delay obtaining warrant surely relevant segura returned home night next day probable occupants apartment become concerned might least destroyed records illegal transactions removed evidence one occupants left apartment taken evidence period prior execution search warrant obviously evidence accessible agents warrant finally executed district concluded possibility evidence availability warrant executed hinged solely illegal impoundment found evidence inevitably discovered fact colon might well destroyed evidence illegally excluded apartment app finding indicates substantial doubt whether evidence actually seized discovered illegal entry occupation majority insists idea access evidence relevant consideration unsound extend exclusionary rule protect criminal activity ante however point far novel actually rule implicit virtually every case applied exclusionary rule seminal case weeks federal agents illegally entered weeks house seized evidence ordered evidence suppressed precisely absent illegality agents never obtained access evidence see recently payton new york held suppression required agents authorized enter house fourth amendment violation enabled obtain access evidence indeed regularly invoked exclusionary rule evidence eluded police absent illegality evidence available agents time finally executed warrant illegally entered impounded petitioners apartment said agents access evidence independent prior illegality unlawful delay provides justification suppression unlawful entry violations precluded possibility evidence moved reach agents approved exactly principle last term place luggage detained minutes trained narcotics detection dog arrived dog sniffed luggage signaled presence narcotics warrant obtained strength dog reaction warrant executed narcotics discovered held initial seizure lawful became unreasonable duration thus absent illegality authorities give luggage back place taken away evidence obtained violation fourth amendment unlawful delay prevented evidence disappearing obtained authorities precisely claim made petitioners finally confront petitioners claim concerning relationship unlawful occupation apartment evidence obtained conclusion occupation ante rejects two reasons first finds possibility evidence apartment impounded speculative however district found distinct nonspeculative possibility evidence available police entered apartment illegally obligated respect finding unless found clearly erroneous indeed equally speculative assume occupants apartment become concerned enough take action segura missing hours second thinks prudentially unsound suppress evidence noting certain irony extending protection constitution simply criminals may destroy evidence given chance analysis confuses two separate issues however whether initial entry justified exigent circumstances whether discovery evidence characterized inevitable notwithstanding delay dispute risk immediate destruction justify entry argument petitioners make immediate threat destruction evidence substantial possibility course hours least evidence removed destroyed however controlling question answered merely basis speculation rather asking whether deterrent purposes exclusionary rule served undermined suppression evidence appropriate prudential consideration identified exclusionary rule cases district found distinct possibility evidence preserved illegal occupation petitioners apartment possibility provides sufficient reason asking whether deterrent rationale exclusionary rule applicable second constitutional violation committed police case importance applying exclusionary rule police conduct case underscored facts occupation petitioners home blatantly unconstitutional time law enforcement justification engaging conduct exceedingly weak justification inordinate delay securing warrant thus applying exclusionary rule conduct impair legitimate interest law enforcement moreover deterrence rationale rule plainly applicable agents impounded apartment precisely wished avoid risking loss access evidence within thus unlawful benefit acquired impoundment attenuated make unlikely deprivation benefit exclusionary rule deterrent effect contrary exactly benefit identified district avoiding risk loss evidence motivated agents case violate constitution thus policies underlying exclusionary rule demand deterrent created kind unconstitutional conduct yet majority disposition case creates none majority approach agents remained indefinitely impounding apartment week month without deprived advantage derived unlawful impoundment expect approach prevent similar violations fourth amendment future opinion exclusionary rule applied constitutional violations deprive authorities advantage gained result unconstitutional entry impoundment petitioners apartment deterrence rationale exclusionary rule requires suppression unless government prove evidence fact remained apartment unlawfully impounded risk uncertainty happened absent illegal conduct posed facts case borne party created uncertainty government teaching exclusionary rule cases see taylor alabama dunaway new york brown illinois proceedings necessary case petitioners claim properly evaluated district found demonstrable possibility evidence obtained execution search warrant destroyed absent illegal entry impoundment finding sufficient establish prima facie government exploited illegality avoiding risk losing evidence apartment existence mere possibility equated ultimate finding exploitation fact occur district made specific finding whether government demonstrated evidence obtained pursuant search warrant remained apartment agents illegally entered impounded may evidentiary hearing necessary supplement record point accordingly remand case appeals instructions remanded district proceedings vi government contest blatant unconstitutionality agents conduct case nevertheless today holding permits federal agents benefit conduct avoiding risk evidence unavailable search warrant finally executed majority invocation enormous price exclusionary rule stated unwillingness protect criminal activity ante persuasive support provides holding course quite right ever mindful cost excessive attention procedural safeguards evenhanded approach difficult cases like requires attention countervailing considerations well two stress first consider impact holding leaders law enforcement community achieved great success creating kind trained professional officers deservedly command respect communities serve image keystone cop whose skills seldom transcended employment third degree largely matter memory us lived congeries reasons among unquestionably added respect constitutional rights individual engendered cases like miranda arizona mapp ohio professionalism always characterized federal bureau investigation typical police forces throughout land rule law predicated absurd notion police officer skill required obtain valid search warrant less hours fails deter authorities delaying unreasonably attempt obtain warrant entered home demeaning law enforcement encourage sloppy undisciplined procedures second rhetoric disguise fact tolerates also provides affirmative incentive warrantless plainly unreasonable unnecessary intrusions home resulting erosion sanctity home price paid innocent guilty alike half century ago justice holmes explained government permitted benefit violations constitution government form repudiating condemning illegal seizure seeks maintain right avail knowledge obtained means otherwise proposition presented nakedly although course seizure outrage government regrets protection constitution covers physical possession advantages government gain object pursuit forbidden act opinion law reduces fourth amendment form words essence provision forbidding acquisition evidence certain way merely evidence acquired shall used shall used silverthorne lumber citation omitted respectfully dissent chief justice seems think problem caused unavailability magistrate issue warrant hour ante however government candidly admits fault lies judiciary attorney office failing exercise due diligence attempting procure warrant one agents testified assistant attorney told perhaps magistrate found particular time evening tr emphasis supplied assistant attorney testified even attempt locate magistrate obtain search warrant government concedes brief clear greater effort made obtain search warrant officers first sought one condone failure note subsequent events case attorney circulated internal memorandum reemphasizing search warrants sought possible regardless hour order avoid need warrantless entries secure premises brief based information given prior arrival apartment agents believed correctly turned segura apartment tr however none evidence seen agents entered apartment vale louisiana held absent demonstrable threat imminent destruction evidence authorities may enter residence order preserve evidence without warrant see also jeffers mcdonald johnson illegality even plain case entry effected force late night see oliver illinois andreas knotts smith maryland terry ohio see also welsh wisconsin michigan clifford plurality opinion steagald payton new york coolidge new hampshire mcdonald johnson see also argued present case reasonable search man house arrested argument founded little subjective view regarding acceptability certain sorts police conduct considerations relevant fourth amendment interests unconfined analysis fourth amendment protection area approach evaporation point easy explain instance less subjectively reasonable search man house arrested front lawn street happens house time arrest oral argument government conceded agents occupation apartment constituted continuing search exactly reason tr oral arg see karo ante jacobsen place brennan concurring result texas brown stevens concurring judgment segura lawfully custody period colon three companions unknown agents prior illegal entry district noted able remain apartment free governmental interference unlawful entry occurred chief justice parsimonious approach fourth amendment rights vividly illustrated fact though preparing adversary brief unwilling even acknowledge explicitly apartment contents seized assum es case ante see mincey arizona leasing vale louisiana chimel california chief justice misuse place ante quite remarkable suggests place approved almost detention place luggage warrant obtained fact occasion reach issue held initial detention luggage pending sniff test using trained dog unreasonable see reference place chief justice diligent search support holding produced nothing dissenting opinions law review article see ante dean griswold article however even purport answer question presented case see griswold criminal procedure means end md rev since premises impounded inside assume impoundment permissible even absent exigent circumstances occurs outside authorities merely seal premises pending issuance warrant enter see also steagald payton new york mincey arizona vale louisiana fact except aberrational warrantless search incident arrest exception recognized rabinowitz repudiated chimel rule settled since agnello see also trupiano explanation government offered delay february taken processing arrests brief oral argument government conceded delay unreasonable tr oral arg suppression hearing district one agents testified warrant application even presented magistrate february explained well hard get secretarial services today tr assistant attorney responsible procuring warrant testified similarly attorney explain simply write application hand seek telephonic warrant federal rule criminal procedure district found delay unreasonable app finding appeals disturb government challenge finding see terry ohio beck ohio henry leon post welsh wisconsin payton new york justice holmes commented dilemma must consider two objects desire make minds choose desirable criminals detected end available evidence used also desirable government foster pay crimes means evidence obtained pays officers got evidence crime see may well pay getting way attach importance protestations disapproval knowingly accepts pays announces future pay fruits choose part think less evil criminals escape government play ignoble part olmstead dissenting opinion justice stewart written framers intend bill rights unenforceable guiding principles code ethics honor system proscriptions guarantees amendments intended create legal rights duties bill rights one component legal system one limits government reach primary responsibility enforcing constitution limits government least since time marbury madison vested judicial branch general law enforcement officials violate person fourth amendment rights attempting obtain evidence use criminal proceedings give effect constitution prohibition illegal searches seizures may necessary judiciary remove incentive violating thus may argued although constitution explicitly provide exclusion need enforce constitution limits government preserve rule law requires exclusionary rule stewart road mapp ohio beyond origins development future exclusionary rule colum rev footnotes omitted see lafave search seizure amsterdam search seizure section comment rev pitler fruit poisonous tree revisited shepardized rev tr recognize legality seizure evidence plain view officers entered us find necessary discuss since affects analysis issue dispute chief justice well relies deterrent effect suppression evidence found plain view responding petitioners argument appeals decision encourage illegal entries course securing premises inside ante means impossible least one occupants might able leave apartment none known agents agents located outside apartment building known person leaving building come petitioners apartment quite apartments floor apartment building tr moreover district noted agents see petitioners apartment position front building element access rather information central virtually whole jurisprudence warrant clause fourth amendment cases suppressing evidence obtained pursuant warrantless search focused authorities lack appropriate information authorize search rather fact information presented magistrate thus suppression consequence lack information fact authorities access evidence question properly authorized hence unconstitutional even recently welsh wisconsin employed concept held police justify fourth amendment warrantless arrest welsh suspected drunken driving home simply evidence petitioner level might dissipated police obtained warrant omitted appeals agrees noted district ruling depended speculative assumptions agents kept apartment surveillance segura arrest illegally entered colon destroyed evidence rather merely removed apartment evidence destroyed unobtrusively however assumptions supported evidence first agents reason keep apartment surveillance subsequent arrests persons surveilled parra segura second even colon merely removed evidence apartment reason believe agents intercepted see supra third since agents outside apartment reason remain scene segura arrest around notice evidence removed destroyed unobtrusively moreover even difficult remove destroy evidence scale petitioners owned mean evidence remained apartment course period appeals assumptions contrary speculative finding district cases lower courts majority cites support holding ante plainly distinguishable perez remanded hearing whether search seizure authorized warrant tainted prior illegality kinney cert denied found taint case occupation searched premises prior obtaining warrant hence claim type made true cases cites bosby fitzharris cert denied agapito cert denied concedes lomas allard contrary holding words case calls mind nardone ante rather two justice jackson dissents respect claim fourth amendment protect criminal activity wrote occasional flagrant abuses come attention courts search seizure yields incriminating evidence defendant least sufficiently compromised indicted courts protect innocent invasions indirectly medium excluding evidence obtained frequently guilty search brinegar car must regarded search car everyman brinegar respect price exacted exclusionary rule wrote forefathers thought great price pay decent privacy home papers effects indispensable individual dignity may overvalued privacy disposed set command naught harris