illinois
mcarthur
argued
november
decided
february
police
officers
probable
cause
believe
respondent
mcarthur
hidden
marijuana
home
prevented
entering
home
unaccompanied
officer
two
hours
obtained
search
warrant
officers
found
drug
paraphernalia
marijuana
arrested
mcarthur
subsequently
charged
misdemeanor
possession
items
moved
suppress
evidence
ground
fruit
unlawful
police
seizure
namely
refusal
let
reenter
home
unaccompanied
illinois
trial
granted
motion
state
appellate
affirmed
held
given
nature
intrusion
law
enforcement
interest
stake
brief
seizure
premises
permissible
fourth
amendment
pp
amendment
central
requirement
one
reasonableness
although
ordinary
case
personal
property
seizures
unreasonable
unless
accomplished
pursuant
warrant
place
exceptions
rule
involving
special
law
enforcement
needs
diminished
expectations
privacy
minimal
intrusions
like
see
pennsylvania
labron
circumstances
involve
plausible
claim
specially
pressing
urgent
law
enforcement
need
place
supra
moreover
restraint
issue
tailored
need
limited
time
scope
cf
terry
ohio
avoiding
significant
intrusion
home
cf
payton
new
york
consequently
rather
employing
per
se
rule
unreasonableness
must
balance
law
concerns
determine
intrusion
reasonable
cf
delaware
prouse
light
following
circumstances
considered
combination
concludes
restriction
reasonable
hence
lawful
first
police
probable
cause
believe
mcarthur
home
contained
evidence
crime
unlawful
drugs
second
good
reason
fear
unless
restrained
destroy
drugs
return
warrant
third
made
reasonable
efforts
reconcile
law
enforcement
needs
demands
personal
privacy
avoiding
warrantless
entry
arrest
preventing
mcarthur
entering
home
unaccompanied
fourth
imposed
restraint
limited
period
longer
reasonably
necessary
acting
diligence
obtain
warrant
pp
conclusion
restriction
lawful
finds
significant
support
case
law
see
segura
place
supra
case
held
unlawful
temporary
seizure
supported
probable
cause
designed
prevent
loss
evidence
police
diligently
obtained
warrant
reasonable
period
cf
welsh
wisconsin
pp
persuaded
countervailing
considerations
raised
parties
lower
courts
police
proceeded
without
probable
cause
mcarthur
porch
police
order
stay
outside
home
amounted
impermissible
constructive
eviction
officer
mcarthur
consent
stepped
inside
home
doorway
observe
mcarthur
mcarthur
reentered
home
two
three
occasions
welsh
wisconsin
offers
direct
support
mcarthur
position
pp
app
reversed
remanded
breyer
delivered
opinion
rehnquist
scalia
kennedy
souter
thomas
ginsburg
joined
souter
filed
concurring
opinion
stevens
filed
dissenting
opinion
illinois
petitioner
charles
mcarthur
writ
certiorari
appellate
illinois
fourth
district
february
justice
breyer
delivered
opinion
police
officers
probable
cause
believe
man
hidden
marijuana
home
prevented
man
entering
home
two
hours
obtained
search
warrant
must
decide
whether
officers
violated
fourth
amendment
conclude
officers
acted
reasonably
violate
amendment
requirements
reverse
illinois
holding
contrary
april
tera
mcarthur
asked
two
police
officers
accompany
trailer
lived
husband
charles
keep
peace
removed
belongings
two
officers
assistant
chief
john
love
officer
richard
skidis
arrived
tera
trailer
tera
went
inside
charles
present
officers
remained
outside
tera
emerged
collecting
possessions
spoke
chief
love
porch
suggested
check
trailer
chuck
dope
app
added
love
words
seen
chuck
slid
dope
underneath
couch
love
knocked
trailer
door
told
charles
tera
said
asked
permission
search
trailer
charles
denied
love
sent
officer
skidis
tera
get
search
warrant
love
told
charles
time
also
porch
reenter
trailer
unless
police
officer
accompanied
charles
subsequently
reentered
trailer
two
three
times
get
cigarettes
make
phone
calls
time
love
stood
inside
door
observe
charles
officer
skidis
obtained
warrant
returned
trailer
along
officers
searched
officers
found
sofa
marijuana
pipe
box
marijuana
called
box
small
amount
marijuana
arrested
charles
illinois
subsequently
charged
charles
mcarthur
unlawfully
possessing
drug
paraphernalia
marijuana
less
grams
misdemeanors
see
comp
ch
mcarthur
moved
suppress
pipe
box
marijuana
ground
fruit
unlawful
police
seizure
namely
refusal
let
reenter
trailer
unaccompanied
permitted
said
destroyed
marijuana
app
trial
granted
mcarthur
suppression
motion
appellate
illinois
affirmed
app
illinois
denied
state
petition
leave
appeal
granted
certiorari
determine
whether
fourth
amendment
prohibits
kind
temporary
seizure
issue
ii
fourth
amendment
says
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
amdt
central
requirement
one
reasonableness
see
texas
brown
order
enforce
requirement
interpreted
amendment
establishing
rules
presumptions
designed
control
conduct
law
enforcement
officers
may
significantly
intrude
upon
privacy
interests
sometimes
rules
require
warrants
said
example
ordinary
case
seizures
personal
property
unreasonable
within
meaning
fourth
amendment
without
unless
accomplished
pursuant
judicial
warrant
issued
neutral
magistrate
finding
probable
cause
place
nonetheless
made
clear
exceptions
warrant
requirement
faced
special
law
enforcement
needs
diminished
expectations
privacy
minimal
intrusions
like
found
certain
general
individual
circumstances
may
render
warrantless
search
seizure
reasonable
see
pennsylvania
labron
per
curiam
search
automobile
supported
probable
cause
michigan
dept
state
police
sitz
suspicionless
stops
drunk
driver
checkpoint
place
supra
temporary
seizure
luggage
based
reasonable
suspicion
michigan
summers
temporary
detention
suspect
without
arrest
warrant
prevent
flight
protect
officers
executing
search
warrant
terry
ohio
temporary
stop
limited
search
weapons
based
reasonable
suspicion
circumstances
case
us
say
warrantless
seizure
per
se
unreasonable
involves
plausible
claim
specially
pressing
urgent
law
enforcement
need
exigent
circumstances
place
supra
exigencies
circumstances
may
permit
temporary
seizure
without
warrant
warden
md
penitentiary
hayden
warrantless
search
suspect
weapons
reasonable
delay
posed
grave
danger
schmerber
california
warrantless
blood
test
alcohol
reasonable
delay
led
loss
evidence
moreover
restraint
issue
tailored
need
limited
time
scope
cf
terry
ohio
supra
avoiding
significant
intrusion
home
cf
payton
new
york
chief
evil
fourth
amendment
warrantless
entry
search
home
quoting
dist
eastern
dist
consequently
rather
employing
per
se
rule
unreasonableness
balance
law
concerns
determine
intrusion
reasonable
cf
delaware
prouse
determining
lawfulness
balancing
privacy
law
enforcement
interests
conclude
restriction
issue
reasonable
hence
lawful
light
following
circumstances
consider
combination
first
police
probable
cause
believe
mcarthur
trailer
home
contained
evidence
crime
contraband
namely
unlawful
drugs
police
opportunity
speak
tera
mcarthur
make
least
rough
assessment
reliability
knew
firsthand
opportunity
observe
husband
behavior
particular
respect
drugs
issue
thought
good
reason
report
reflected
opportunity
cf
massachusetts
upton
per
curiam
upholding
search
warrant
issued
similar
circumstances
second
police
good
reason
fear
unless
restrained
mcarthur
destroy
drugs
return
warrant
reasonably
might
thought
mcarthur
realized
wife
knew
marijuana
stash
observed
angry
frightened
enough
ask
police
accompany
saw
leaving
trailer
spoken
police
noticed
walked
one
policeman
leaving
outside
observe
trailer
reasonably
concluded
mcarthur
consequently
suspecting
imminent
search
given
chance
get
rid
drugs
fast
third
police
made
reasonable
efforts
reconcile
law
enforcement
needs
demands
personal
privacy
neither
searched
trailer
arrested
mcarthur
obtaining
warrant
rather
imposed
significantly
less
restrictive
restraint
preventing
mcarthur
entering
trailer
unaccompanied
left
home
belongings
intact
neutral
magistrate
finding
probable
cause
issued
warrant
fourth
police
imposed
restraint
limited
period
time
namely
two
hours
cf
terry
ohio
supra
manner
police
act
vital
part
inquiry
far
record
reveals
time
period
longer
reasonably
necessary
police
acting
diligence
obtain
warrant
compare
place
supra
holding
detention
luggage
unreasonable
based
nature
interference
person
travels
lack
diligence
police
van
leeuwen
holding
detention
mailed
package
reasonable
given
unavoidable
delay
obtaining
warrant
minimal
nature
intrusion
given
nature
intrusion
law
enforcement
interest
stake
brief
seizure
premises
permissible
conclusion
restriction
lawful
finds
significant
support
case
law
segura
considered
admissibility
drugs
police
found
lawful
search
apartment
unlawfully
entering
apartment
occupying
hours
majority
held
drugs
admissible
police
acted
lawfully
throughout
discovered
seized
drugs
pursuant
validly
issued
warrant
see
citing
silverthorne
lumber
minority
disagreed
however
describing
alternative
lawful
search
seizure
methods
majority
minority
assumed
least
argument
sake
police
armed
reliable
information
apartment
contained
drugs
might
lawfully
sealed
apartment
outside
restricting
entry
apartment
waiting
warrant
compare
segura
exigent
circumstances
justify
search
police
guard
door
prevent
loss
evidence
jeffers
various
circumstances
upheld
temporary
restraints
needed
preserve
evidence
police
obtain
warrant
see
place
need
knock
announce
executing
search
warrant
officers
reasonably
suspect
evidence
might
destroyed
carroll
warrantless
search
automobile
constitutionally
permissible
found
case
held
unlawful
temporary
seizure
supported
probable
cause
designed
prevent
loss
evidence
police
diligently
obtained
warrant
reasonable
period
time
cf
welsh
wisconsin
holding
warrantless
entry
arrest
home
unreasonable
despite
possibility
evidence
noncriminal
offense
lost
warrant
obtained
persuaded
countervailing
considerations
parties
lower
courts
raised
mcarthur
argues
police
proceeded
without
probable
cause
mcarthur
waived
argument
see
app
stating
mcarthur
contest
existence
probable
cause
brief
opposition
acknowledging
probable
cause
event
without
merit
see
supra
appellate
illinois
concluded
police
order
mcarthur
stay
outside
home
mcarthur
porch
stood
time
part
home
hence
order
amounted
constructive
eviction
mcarthur
residence
app
held
however
person
standing
doorway
house
public
place
hence
subject
arrest
without
warrant
permitting
entry
home
santana
regardless
believe
difference
appellate
points
porch
versus
front
walk
make
significant
difference
reasonableness
police
restraint
fourth
amendment
perspective
matters
appellate
also
found
negatively
significant
fact
chief
love
mcarthur
consent
stepped
inside
trailer
doorway
observe
mcarthur
mcarthur
reentered
trailer
two
three
occasions
app
mcarthur
however
reentered
simply
convenience
make
phone
calls
obtain
cigarettes
circumstances
reasonableness
greater
restriction
preventing
reentry
implies
reasonableness
lesser
permitting
reentry
conditioned
observation
finally
mcarthur
points
case
believe
case
believes
offers
direct
support
namely
welsh
wisconsin
supra
welsh
held
police
enter
home
without
warrant
order
prevent
loss
evidence
namely
defendant
blood
alcohol
level
nonjailable
traffic
offense
driving
intoxicated
mcarthur
notes
two
convictions
misdemeanors
says
minor
adds
restraint
keeping
home
nearly
serious
nonetheless
find
significant
distinctions
evidence
issue
crimes
jailable
nonjailable
see
comp
ch
ch
possession
less
grams
marijuana
punishable
days
jail
ch
ch
possession
drug
paraphernalia
punishable
one
year
jail
welsh
noted
iven
classification
state
crimes
differs
widely
among
penalty
may
attach
particular
offense
seems
provide
clearest
consistent
indication
state
interest
arresting
individuals
suspected
committing
offense
reasoning
applies
class
misdemeanors
include
widely
diverse
offenses
drag
racing
drinking
alcohol
railroad
car
railroad
platform
bribery
candidate
public
office
assault
see
comp
ch
ch
ch
ch
restriction
issue
less
serious
temporarily
keeping
person
entering
home
consequence
whenever
police
stop
person
street
considerably
less
intrusive
police
entry
home
order
make
warrantless
arrest
conduct
search
cf
payton
new
york
fourth
amendment
central
concern
warrantless
entry
search
home
explained
believe
need
preserve
evidence
jailable
offense
sufficiently
urgent
pressing
justify
restriction
upon
entry
police
imposed
need
decide
whether
circumstances
us
justified
greater
restriction
type
offense
restriction
nonjailable
offense
issue
iii
sum
police
officers
case
probable
cause
believe
home
contained
contraband
evidence
crime
reasonably
believed
home
resident
left
free
restraint
destroy
evidence
imposed
restraint
limited
tailored
reasonably
secure
law
enforcement
needs
protecting
privacy
interests
view
restraint
met
fourth
amendment
demands
judgment
illinois
appellate
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
illinois
petitioner
charles
mcarthur
writ
certiorari
appellate
illinois
fourth
district
february
justice
souter
concurring
join
opinion
subject
afterword
two
points
constitutionality
greater
intrusion
one
permissibility
choosing
impoundment
immediate
search
respondent
mcarthur
location
made
difference
exigency
justified
temporarily
barring
dwelling
circumstances
supported
greater
interference
privacy
property
long
inside
trailer
police
probable
cause
believe
illegal
drugs
stashed
wife
reported
sense
flush
drain
police
get
warrant
enter
search
probability
destruction
anticipation
warrant
exemplifies
kind
present
risk
undergirds
accepted
exigent
circumstances
exception
general
warrant
requirement
schmerber
california
risk
justified
police
entering
mcarthur
trailer
promptly
make
lawful
warrantless
search
santana
warden
md
penitentiary
hayden
mcarthur
stepped
outside
left
trailer
uninhabited
risk
abated
reasonableness
entry
police
long
outside
justification
claimed
warrantless
action
immediate
risk
limit
reasonable
response
police
set
scope
risk
see
terry
ohio
since
however
mcarthur
wished
go
back
reasonable
keep
police
perfectly
well
let
chose
enjoyed
ensuing
opportunity
follow
make
warrantless
search
justified
renewed
danger
destruction
answer
law
officiously
insists
safeguarding
suspect
privacy
search
preference
respecting
suspect
liberty
enter
dwelling
instead
legitimacy
decision
impound
dwelling
follows
law
strong
preference
warrants
underlies
rule
search
warrant
stronger
claim
justification
later
judicial
review
search
without
one
see
ventresca
see
also
lafave
search
seizure
ed
ost
follow
rule
utilized
federal
courts
search
seizure
pursuant
warrant
defendant
burden
proof
police
acted
without
warrant
burden
proof
prosecution
law
hardly
raise
incentives
obtain
warrant
without
giving
police
fair
chance
take
probable
cause
magistrate
get
one
illinois
petitioner
charles
mcarthur
writ
certiorari
appellate
illinois
fourth
district
february
justice
stevens
dissenting
illinois
general
assembly
decided
possession
less
grams
marijuana
class
misdemeanor
see
comp
ch
classifying
offense
legislature
made
concerted
policy
judgment
possession
small
amounts
marijuana
personal
use
constitute
particularly
significant
public
policy
concern
true
offense
like
feeding
livestock
public
highway
offering
movie
rent
without
clearly
displaying
may
warrant
jail
sentence
days
detection
prosecution
possessors
small
quantities
substance
means
law
enforcement
priority
state
governmental
interest
implicated
particular
criminal
prohibition
issue
case
slight
poor
vehicle
probing
boundaries
government
power
limit
individual
possessory
interest
home
pending
arrival
search
warrant
cf
segura
seven
justices
decline
address
issue
case
require
resolution
given
preference
therefore
dismiss
writ
certiorari
improvidently
granted
compelled
vote
colleagues
reach
merits
affirm
majority
explains
essential
inquiry
case
involves
balancing
law
concerns
determine
intrusion
reasonable
ante
specific
facts
case
believe
majority
gets
balance
wrong
illinois
jurists
participated
decision
case
placed
higher
value
sanctity
ordinary
citizen
home
prosecution
petty
offense
correctly
viewed
interest
whether
home
humble
cottage
secondhand
trailer
stately
mansion
one
meriting
serious
constitutional
following
analysis
reasoning
decision
welsh
wisconsin
holding
offenses
may
minor
make
unreasonable
police
undertake
searches
constitutionally
permissible
graver
offenses
suspected
affirm
footnotes
see
comp
ch
making
feeding
livestock
public
highway
class
misdemeanor
comp
ch
making
class
misdemeanor
sell
rent
video
display
official
rating
motion
picture
copied
examples
offenses
classified
class
misdemeanors
illinois
include
camping
side
public
highway
comp
ch
interfering
lawful
taking
wild
animals
comp
ch
tattooing
body
person
years
age
comp
ch
many
laws
many
maximum
penalty
mcarthur
faced
possession
grams
marijuana
less
faced
illinois
see
cal
health
safety
code
ann
west
fine
rev
stat
fine
stat
fine
drug
education
miss
code
ann
supp
fine
neb
rev
stat
fine
drug
education
stat
ann
fine
days
jail
penal
law
mckinney
fine
rev
stat
supp
fine
principled
respect
sanctity
home
long
animated
fourth
amendment
jurisprudence
see
wilson
layne
fourth
amendment
embodies
principle
respect
privacy
home
payton
new
york
emphasizing
overriding
respect
sanctity
home
embedded
traditions
since
origins
republic
mincey
arizona
fourth
amendment
reflects
view
wrote
bill
rights
privacy
person
home
property
may
totally
sacrificed
name
maximum
simplicity
enforcement
criminal
law