The Securing of the Premises Exception: A Search for the Proper Balance

This Recent Development argues that although an opinion endorsed by only two justices is not binding precedent, this portion of Segura represents an undesirable departure from the strict protections traditionally afforded a person\u27s privacy interest in the home and leaves lower courts confused about the constitutional limitations on seizures in the home. Part II examines prior Supreme Court opinions that have defined the parameters of permissible warrantless searches and seizures. Part III explores the circuit court opinions that have developed a securing of the premises exception. Part IV describes Chief Justice Burger\u27s analysis in Segura. Part V argues that the Chief Justice\u27s holding is not sup-ported by prior case law and unnecessarily erodes the privacy interest in the home. This Recent Development concludes by urging the Court to adopt an analytical framework, based on the circuit courts\u27 securing of the premises exception, that more carefully balances the public need for law enforcement against the privacy interest in the home