Pubdate: Wed, 21 Feb 2001 Source: San Diego Union Tribune (CA) Copyright: 2001 Union-Tribune Publishing Co. Contact: PO Box 120191, San Diego, CA, 92112-0191 Fax: (619) 293-1440 Website: http://www.uniontrib.com/ Forum: http://www.uniontrib.com/cgi-bin/WebX Author: Anne Gearan, Associated Press JUSTICES BACK OFFICER IN DRUG STANDOFF CASE Police Needs Balanced With Suspect's Right To Privacy WASHINGTON -- Police who are convinced that a drug suspect will destroy evidence if left alone may hold him outside his home while they get a warrant, the Supreme Court ruled yesterday. In a second case exploring the balance between law enforcement and privacy rights, the court heard the arguments of a man arrested after police outside his house used a heat-measuring device to detect a marijuana growing operation inside. In the first case, Charles McArthur and a Sullivan, Ill., officer had a polite standoff outside his trailer four years ago, after police confronted him with allegations from his estranged wife that he had marijuana hidden under his couch. For about two hours, McArthur refused to let the officer inside without a warrant, and the officer refused to let McArthur go inside alone. The justices voted 8-1 that the officer acted appropriately. Police "had probable cause to believe that a home contained contraband, which was evidence of a crime," and every reason to think that McArthur would destroy the stash if he got the chance, Justice Stephen J. Breyer wrote for the majority. Indeed, McArthur has admitted that is exactly what he would have done. Police "imposed a restraint that was both limited and tailored reasonably to secure law-enforcement needs while protecting privacy interests," Breyer wrote. As in several other drug-search cases the court has heard or decided recently, the issue pits law-enforcement needs against the right to privacy. The court explored the same equation in arguments involving the heat detector. Last November, the court ruled that police may not erect random roadblocks to look for drug dealers because such checkpoints subject many innocent motorists to scrutiny. In April, the court said authorities may not randomly squeeze luggage on buses while hunting for drugs. Danny Lee Kyllo claims police violated the Fourth Amendment's protections against unreasonable searches when they used the heat detector to scan his house from a distance. Police did not have a search warrant, and the government argues none was needed. The heat sensor was not "like an X-ray machine" that would allow authorities to see inside a house, Deputy Solicitor General Michael Dreeben argued to the justices yesterday. "We are not learning what activities are going on or where they are going on in the house," Dreeben said. Kyllo's attorney, Kenneth Lerner, argued that the heat scan was invasive enough to violate his client's privacy. "We may expect people to walk around with binoculars, but we don't expect them to walk around with thermal imagers," Lerner said. Justice Antonin Scalia challenged Lerner on that point. "You know there are such things as thermal imagers," Scalia asked. "Why do we have to assume we live in a world without technology?" Narcotics detectives used the information from the heat scan, along with a tip from an informant and electricity records, to get a warrant for Kyllo's Florence, Ore., home. When agents searched the house in January 1992, they found drug paraphernalia and more than 100 marijuana plants. Kyllo was arrested. A decision in his case is expected in June. In the Illinois standoff case decided yesterday, the high court overturned a state appeals court's ruling that the seizure violated McArthur's Fourth Amendment rights. - --- MAP posted-by: Jo-D