NCJ Number
193209
Date Published
2002
Length
19 pages
Annotation
This training document explains the fact and law of a case relating to the search warrant requirement and discusses its implications for police officers; the document also discusses procedural issues related to Internet predators.
Abstract
The United States Supreme Court decided Illinois v. McArthur on February 20, 2001. Police officers who had probable cause to believe that a man had hidden marijuana in his home prevented that man from entering the home for about 2 hours while they obtained a search warrant. The Supreme Court focused on whether the police officers violated the Fourth Amendment. The Court reversed the judgment of the Illinois Appellate Court and decided that the police officers had probable cause to believe that the home contained contraband in the form of marijuana, which was evidence of a crime. The Court also agreed that the police reasonably agreed that the resident would destroy that evidence if not restrained and that the 2-hour period of restraint was reasonable and met the requirements of the Fourth Amendment. The decision indicated specific criteria for dealing with a situation that did not fit the “bright line” rules of search and seizure. The article on Internet predators recommends that police called to the scene of a possible computer-related crime involving child exploitation or molestation should determine whether the home has a computer with Internet access, whether the minor used the computer, and where the computer was located and then should prevent everyone from touching the computer and possibly destroying evidence. Photographs and multiple-choice questions and answers related to the decision on search and seizure