Chief Justice Burger
delivered the opinion of the Court.
We granted certiorari to decide whether, because of an earlier illegal entry, the Fourth Amendment requires suppression of evidence seized later from a private residence pursuant to a valid search warrant which was issued on information obtained by the police before the entry into the residence.
I
Resolution of this issue requires us to consider two separate questions: first, whether the entry and internal securing of the premises constituted an impermissible seizure of all the contents of the apartment, seen and unseen; second, whether the evidence first discovered during the search of the apartment pursuant to a valid warrant issued the day after the entry should have been suppressed as “fruit” of the illegal entry. Our disposition of both questions is carefully limited.
The Court of Appeals affirmed the District Court’s holding that there were no exigent circumstances to justify the war-rantless entry into petitioners’ apartment. That issue is not before us, and we have no reason to question the courts’ holding that that search was illegal. The ensuing interference with petitioners’ possessory interests in their apartment, however, is another matter. On this first question, we conclude that, assuming that there was a seizure of all the contents of the petitioners’ apartment when agents secured the premises from within, that seizure did not violate the Fourth Amendment. Specifically, we hold that where officers, having probable cause, enter premises, and with probable cause, arrest the occupants who have legitimate pos-sessory interests in its contents and take them into custody and, for no more than the period here involved, secure the premises from within to preserve the status quo while others, in good faith, are in the process of obtaining a warrant, they do not violate the Fourth Amendment’s proscription against unreasonable seizures.
The illegality of the initial entry, as we will show, has no bearing on the second question. The resolution of this second question requires that we determine whether the initial entry tainted the discovery of the evidence now challenged. On this issue, we hold that the evidence discovered during the subsequent search of the apartment the following day pursuant to the valid search warrant issued wholly on information known to the officers before the entry into the apartment need not have been suppressed as “fruit” of the illegal entry because the warrant and the information on which it was based were unrelated to the entry and therefore constituted an independent source for the evidence under Silverthorne Lumber Co. v. United States, 251 U. S. 385 (1920).
II
In January 1981, the New York Drug Enforcement Task Force received information indicating that petitioners Andres Segura and Luz Marina Colon probably were trafficking in cocaine from their New York apartment. Acting on this information, Task Force agents maintained continuing surveillance over petitioners until their arrest on February 12, 1981. On February 9, agents observed a meeting between Segura and Enrique Rivudalla-Vidal, during which, as it later developed, the two discussed the possible sale of cocaine by Segura to Rivudalla-Vidal. Three days later, February 12, Segura telephoned Rivudalla-Vidal and agreed to provide him with cocaine. The two agreed that the delivery would be made at 5 p. m. that day at a designated fast-food restaurant in Queens, N. Y. Rivudalla-Vidal and one Esther Parra, arrived at the restaurant at 5 p. m., as agreed. While Segura and Rivudalla-Vidal visited inside the restaurant, agents observed Colon deliver a bulky package to Parra, who had remained in Rivudalla-Vidal’s car in the restaurant parking lot. A short time after the delivery of the package, Rivudalla-Vidal and Parra left the restaurant and proceeded to their apartment. Task Force agents followed. The agents stopped the couple as they were about to enter Rivudalla-Vidal’s apartment. Parra was found to possess cocaine; both Rivudalla-Vidal and Parra were immediately arrested.
After Rivudalla-Vidal and Parra were advised of their constitutional rights, Rivudalla-Vidal agreed to cooperate with the agents. He admitted that he had purchased the cocaine from Segura and he confirmed that Colon had made the delivery at the fast-food restaurant earlier that day, as the agents had observed. Rivudalla-Vidal informed the agents that Segura was to call him at approximately 10 o’clock that evening to learn if Rivudalla-Vidal had sold the cocaine, in which case Segura was to deliver additional cocaine.
Between 6:30 and 7 p. m., the same day, Task Force agents sought and received authorization from an Assistant United States Attorney to arrest Segura and Colon. The agents were advised by the Assistant United States Attorney that because of the lateness of the hour, a search warrant for petitioners’ apartment probably could not be obtained until the following day, but that the agents should proceed to secure the premises to prevent the destruction of evidence.
At about 7:80 p. m., the agents arrived at petitioners’ apartment and established external surveillance. At 11:15 p. m., Segura, alone, entered the lobby of the apartment building where he was immediately arrested by agents. He first claimed he did not reside in the building. The agents took him to his third floor apartment, and when they knocked on the apartment door, a woman later identified as Colon appeared; the agents then entered with Segura, without requesting or receiving permission. There were three persons in the living room of the apartment in addition to Colon. Those present were informed by the agents that Segura was under arrest and that a search warrant for the apartment was being obtained.
Following this brief exchange in the living room, the agents conducted a limited security check of the apartment to ensure that no one else was there who might pose a threat to their safety or destroy evidence. In the process, the agents observed, in a bedroom in plain view, a triple-beam scale, jars of lactose, and numerous small cellophane bags, all accouterments of drug trafficking. None of these items was disturbed by the agents. After this limited security check, Colon was arrested. In the search incident to her arrest, agents found in her purse a loaded revolver and more than $2,000 in cash. Colon, Segura, and the other occupants of the apartment were taken to Drug Enforcement Administration headquarters.
Two Task Force agents remained in petitioners’ apartment awaiting the warrant. Because of what is characterized as “administrative delay” the warrant application was not presented to the Magistrate until 5 p. m. the next day. The warrant was issued and the search was performed at approximately 6 p. m., some 19 hours after the agents’ initial entry into the apartment. In the search pursuant to the warrant, agents discovered almost three pounds of cocaine, 18 rounds of .38-caliber ammunition fitting the revolver agents had found in Colon’s possession at the time of her arrest, more than $50,000 cash, and records of narcotics transactions. Agents seized these items, together with those observed during the security check the previous night.
Before trial in the United States District Court in the Eastern District of New York, petitioners moved to suppress all of the evidence seized from the apartment — the items discovered in plain view during the initial security check and those not in plain view first discovered during the subsequent warrant search. After a full evidentiary hearing, the District Court granted petitioners’ motion. The court ruled that there were no exigent circumstances justifying the initial entry into the apartment. Accordingly, it held that the entry, the arrest of Colon and search incident to her arrest, and the effective seizure of the drug paraphernalia in plain view were illegal. The District Court ordered this evidence suppressed as “fruits” of illegal searches.
The District Court held that the warrant later issued was supported by information sufficient to establish probable cause; however, it read United States v. Griffin, 502 F. 2d 959 (CA6), cert. denied, 419 U. S. 1050 (1974), as requiring suppression of the evidence seized under the valid warrant. The District Court reasoned that this evidence would not necessarily have been discovered because, absent the illegal entry and “occupation” of the apartment, Colon might have arranged to have the drugs removed or destroyed, in which event they would not have been in the apartment when the warrant search was made. Under this analysis, the District Court held that even the drugs seized under the valid warrant were “fruit of the poisonous tree.”
On an appeal limited to the admissibility of the incriminating evidence, the Court of Appeals affirmed in part and reversed in part. 663 F. 2d 411 (1981). It affirmed the District Court holding that the initial warrantless entry was not justified by exigent circumstances and that the evidence discovered in plain view during the initial entry must be suppressed. The Court of Appeals rejected the argument advanced by the United States that the evidence in plain view should not be excluded because it was not actually “seized” until after the search warrant was secured.
Relying upon its holding in United States v. Agapito, 620 F. 2d 324 (CA2), cert. denied, 449 U. S. 834 (1980), the Court of Appeals reversed the District Court’s holding requiring suppression of the evidence seized under the valid warrant executed on the day following the initial entry. The Court of Appeals described as “prudentially unsound” the District Court’s decision to suppress that evidence simply because it could have been destroyed had the agents not entered.
Petitioners were convicted of conspiring to distribute cocaine, in violation of 21 U. S. C. § 846, and of distributing and possessing with intent to distribute cocaine, in violation of 21 U. S. C. § 841(a)(1). On the subsequent review of these convictions, the Second Circuit affirmed, 697 F. 2d 300 (1982), rejecting claims by petitioners that the search warrant was procured through material misrepresentations and that the evidence at trial was insufficient as a matter of law to support their convictions. We granted certiorari, 459 U. S. 1200 (1983), and we affirm.
Ill
At the outset, it is important to focus on the narrow and precise question now before us. As we have noted, the Court of Appeals agreed with the District Court that the initial warrantless entry and the limited security search were not justified by exigent circumstances and were therefore illegal. No review of that aspect of the case was sought by the Government and no issue concerning items observed during the initial entry is before the Court. The only issue here is whether drugs and the other items not observed during the initial entry and first discovered by the agents the day after the entry, under an admittedly valid search warrant, should have been suppressed.
The suppression or exclusionary rule is a judicially prescribed remedial measure and as “with any remedial device, the application of the rule has been restricted to those areas where its remedial objectives are thought most efficaciously served.” United States v. Calandra, 414 U. S. 338, 348 (1974). Under this Court’s holdings, the exclusionary rule reaches not only primary evidence obtained as a direct result of an illegal search or seizure, Weeks v. United States, 232 U. S. 383 (1914), but also evidence later discovered and found to be derivative of an illegality or “fruit of the poisonous tree.” Nardone v. United States, 308 U. S. 338, 341 (1939). It “extends as well to the indirect as the direct products” of unconstitutional conduct. Wong Sun v. United States, 371 U. S. 471, 484 (1963).
Evidence obtained as a direct result of an unconstitutional search or seizure is plainly subject to exclusion. The question to be resolved when it is claimed that evidence subsequently obtained is “tainted” or is “fruit” of a prior illegality is whether the challenged evidence was
“ ‘come at by exploitation of [the initial] illegality or instead by means sufficiently distinguishable to be purged of the primary taint.’” Id., at 488 (citation omitted; emphasis added).
It has been well established for more than 60 years that evidence is not to be excluded if the connection between the illegal police conduct and the discovery and seizure of the evidence is “so attenuated as to dissipate the taint,” Nardone v. United States, supra, at 341. It is not to be excluded, for example, if police had an “independent source” for discovery of the evidence:
“The essence of a provision forbidding the acquisition of evidence in a certain way is that not merely evidence so acquired shall not be used before the Court but that it shall not be used at all. Of course this does not mean that the facts thus obtained become sacred and inaccessible. If knowledge of them is gained from an independent source they may be proved like any others.” Silverthorne Lumber Co. v. United States, 251 U. S., at 392 (emphasis added).
In short, it is clear from our prior holdings that “the exclusionary rule has no application [where] the Government learned of the evidence ‘from an independent source.’” Wong Sun, supra, at 487 (quoting Silverthorne Lumber Co., supra, at 392); see also United States v. Crews, 445 U. S. 463 (1980); United States v. Wade, 388 U. S. 218, 242 (1967); Costello v. United States, 365 U. S. 265, 278-280 (1961).
> I — I
Petitioners argue that all of the contents of the apartment, seen and not seen, including the evidence now in question, were “seized” when the agents entered and remained on the premises while the lawful occupants were away from the apartment in police custody. The essence of this argument is that because the contents were then under the control of the agents and no one would have been permitted to remove the incriminating evidence from the premises or destroy it, a “seizure” took place. Plainly, this argument is advanced to avoid the Silverthorne “independent source” exception. If all the contents of the apartment were “seized” at the time of the illegal entry and securing, presumably the evidence now challenged would be suppressible as primary evidence obtained as a direct result of that entry.
We need not decide whether, when the agents entered the apartment and secured the premises, they effected a seizure of the cocaine, the cash, the ammunition, and the narcotics records within the meaning of the Fourth Amendment. By its terms, the Fourth Amendment forbids only “unreasonable” searches and seizures. Assuming, arguendo, that the agents seized the entire apartment and its contents, as petitioners suggest, the seizure was not unreasonable under the totality of the circumstances.
Different interests are implicated by a seizure than by a search. United States v. Jacobsen, 466 U. S. 109, 113, and n. 5, 122-126 (1984); Texas v. Brown, 460 U. S. 730 (1983); id., at 747-748 (Stevens, J., concurring in judgment); United States v. Chadwick, 433 U. S. 1, 13-14, n. 8 (1977); Chambers v. Maroney, 399 U. S. 42, 51-52 (1970). A seizure affects only the person’s possessory interests; a search affects a person’s privacy interests. United States v. Jacobsen, supra, at 113, and n. 5; United States v. Chadwick, supra, at 13-14, n. 8; see generally Texas v. Brown, supra, at 747-751 (Stevens, J., concurring in judgment). Recognizing the generally less intrusive nature of a seizure, Chadwick, supra, at 13-14, n. 8; Chambers v. Maroney, supra, at 51, the Court has frequently approved warrantless seizures of property, on the basis of probable cause, for the time necessary to secure a warrant, where a warrantless search was either held to be or likely would have been held impermissible. Chambers v. Maroney, supra; United States v. Chadwick, supra; Arkansas v. Sanders, 442 U. S. 753 (1979).
We focused on the issue notably in Chambers, holding that it was reasonable to seize and impound an automobile, on the basis of probable cause, for “whatever period is necessary to obtain a warrant for the search.” 399 U. S., at 51 (footnote omitted). We acknowledged in Chambers that following the car until a warrant could be obtained was an alternative to impoundment, albeit an impractical one. But we allowed the seizure nonetheless because otherwise the occupants of the car could have removed the “instruments or fruits of crime” before the search. Id., at 51, n. 9. The Court allowed the warrantless seizure to protect the evidence from destruction even though there was no immediate fear that the evidence was in the process of being destroyed or otherwise lost. The Chambers Court declared:
“For constitutional purposes, we see no difference between on the one hand seizing and holding the car before presenting the probable cause issue to a magistrate and on the other hand carrying out an immediate search without a warrant. Given probable cause to search, either course is reasonable under the Fourth Amendment.” Id., at 52 (emphasis added)
In Chadwick, we held that the warrantless search of the footloeker after it had been seized and was in a secure area of the Federal Building violated the Fourth Amendment’s proscription against unreasonable searches, but neither the respondents nor the Court questioned the validity of the initial warrantless seizure of the footloeker on the basis of probable cause. The seizure of Chadwick’s footloeker clearly interfered with his use and possession of the footloeker — his possessory interest — but we held that this did not “diminish [his] legitimate expectation that the footlocker’s contents would remain private.” 433 U. S., at 13-14, n. 8 (emphasis added). And again, in Arkansas v. Sanders, supra, we held that absent exigent circumstances a warrant was required to search luggage seized from an automobile which was already in the possession and control of police at the time of the search. However, we expressly noted that the police acted not only “properly,” but “commendably” in seizing the suitcase without a warrant on the basis of probable cause to believe that it contained drugs. 442 U. S., at 761. The taxi into which the suitcase had been placed was about to drive away. However, just as there was no immediate threat of loss or destruction of evidence in Chambers — since officers could have followed the car until a warrant issued — so too in Sanders officers could have followed the taxicab. Indeed, there arguably was even less fear of immediate loss of the evidence in Sanders because the suitcase at issue had been placed in the vehicle’s trunk, thus rendering immediate access unlikely before police could act.
Underlying these decisions is a belief that society’s interest in the discovery and protection of incriminating evidence from removal or destruction can supersede, at least for a limited period, a person’s possessory interest in property, provided that there is probable cause to believe that that property is associated with criminal activity. See United States v. Place, 462 U. S. 696 (1983).
The Court has not had occasion to consider whether, when officers have probable cause to believe that evidence of criminal activity is on the premises, the temporary securing of a dwelling to prevent the removal or destruction of evidence violates the Fourth Amendment. However, in two cases we have suggested that securing of premises under these circumstances does not violate the Fourth Amendment, at least when undertaken to preserve the status quo while a search warrant is being sought. In Mincey v. Arizona, 437 U. S. 385 (1978), we noted with approval that, to preserve evidence, a police guard had been stationed at the entrance to an apartment in which a homicide had been committed, even though “[t]here was no indication that evidence would be lost, destroyed, or removed during the time required to obtain a search warrant.” Id., at 394. Similarly, in Rawlings v. Kentucky, 448 U. S. 98 (1980), although officers secured, from within, the home of a person for whom they had an arrest warrant, and detained all occupants while other officers were obtaining a search warrant, the Court did not question the admissibility of evidence discovered pursuant to the warrant later issued.
We see no reason, as Mincey and Rawlings would suggest, why the same principle applied in Chambers, Chadwick, and Sanders, should not apply where a dwelling is involved. The sanctity of the home is not to be disputed. But the home is sacred in Fourth Amendment terms not primarily because of the occupants' possessory interests in the premises, but because of their privacy interests in the activities that take place within. “[T]he Fourth Amendment protects people, not places.” Katz v. United States, 389 U. S. 347, 351 (1967); see also Payton v. New York, 445 U. S. 573, 615 (1980) (White, J., dissenting).
As we have noted, however, a seizure affects only pos-sessory interests, not privacy interests. Therefore, the heightened protection we accord privacy interests is simply not implicated where a seizure of premises, not a search, is at issue. We hold, therefore, that securing a dwelling, on the basis of probable cause, to prevent the destruction or removal of evidence while a search warrant is being sought is not itself an unreasonable seizure of either the dwelling or its contents. We reaffirm at the same time, however, that, absent exigent circumstances, a warrantless search — such as that invalidated in Vale v. Louisiana, 399 U. S. 30, 33-34 (1970) — is illegal.
Here, the agents had abundant probable cause in advance of their entry to believe that there was a criminal drug operation being carried on in petitioners' apartment; indeed petitioners do not dispute the probable-cause determination. The agents had maintained surveillance over petitioners for weeks, and had observed petitioners leave the apartment to make sales of cocaine. Wholly apart from observations made during that extended surveillance, Rivudalla-Vidal had told agents after his arrest on February 13, that petitioners had supplied him with cocaine earlier that day, that he had not purchased all of the cocaine offered by Segura, and that Segura probably had more cocaine in the apartment. On the basis of this information, a Magistrate duly issued a search warrant, the validity of which was upheld by both the District Court and the Court of Appeals, and which is not before us now.
In this case, the agents entered and secured the apartment from within. Arguably, the wiser course would have been to depart immediately and secure the premises from the outside by a “stakeout” once the security check revealed that no one other than those taken into custody were in the apartment. But the method actually employed does not require a different result under the Fourth Amendment, insofar as the seizure is concerned. As the Court of Appeals held, absent exigent' circumstances, the entry may have constituted an illegal search, or interference with petitioners’ privacy interests, requiring suppression of all evidence observed during the entry. Securing of the premises from within, however, was no more an interference with the petitioners’ possessory interests in the contents of the apartment than a perimeter “stakeout.” In other words, the initial entry — legal or not— does not affect the reasonableness of the seizure. Under either method — entry and securing from within or a perimeter stakeout — agents control the apartment pending arrival of the warrant; both an internal securing and a perimeter stakeout interfere to the same extent with the possessory interests of the owners.
Petitioners argue that we heighten the possibility of illegal entries by a holding that the illegal entry and securing of the premises from the inside do not themselves render the seizure any more unreasonable than had the agents staked out the apartment from the outside. We disagree. In the first place, an entry in the absence of exigent circumstances is illegal. We are unwilling to believe that officers will routinely and purposely violate the law as a matter of course. Second, as a practical matter, officers who have probable cause and who are in the process of obtaining a warrant have no reason to enter the premises before the warrant issues, absent exigent circumstances which, of course, would justify the entry. United States v. Santana, 427 U. S. 38 (1976); Johnson v. United States, 333 U. S. 10 (1948). Third, officers who enter illegally will recognize that whatever evidence they discover as a direct result of the entry may be suppressed, as it was by the Court of Appeals in this case. Finally, if officers enter without exigent circumstances to justify the entry, they expose themselves to potential civil liability under 42 U. S. C. § 1983. Bivens v. Six Unknown Federal Narcotics Agents, 403 U. S. 388 (1971).
Of course, a seizure reasonable at its inception because based upon probable cause may become unreasonable as a result of its duration or for other reasons. Cf. United States v. Place, 462 U. S. 696 (1983). Here, because of the delay in securing the warrant, the occupation of the apartment continued throughout the night and into the next day. Such delay in securing a warrant in a large metropolitan center unfortunately is not uncommon; this is not, in itself, evidence of bad faith. And there is no suggestion that the officers, in bad faith, purposely delayed obtaining the warrant. The asserted explanation is that the officers focused first on the task of processing those whom they had arrested before turning to the task of securing the warrant. It is not unreasonable for officers to believe that the former should take priority, given, as was the case here, that the proprietors of the apartment were in the custody of the officers throughout the period in question.
There is no evidence that the agents in any way exploited their presence in the apartment; they simply awaited issuance of the warrant. Moreover, more than half of the 19-hour delay was between 10 p. m. and 10 a. m. the following day, when it is reasonable to assume that judicial officers are not as readily available for consideration of warrant requests. Finally, and most important, we observed in United States v. Place, supra, at 705, that
“[t]he intrusion on possessory interests occasioned by a seizure . . . can vary both in its nature and extent. The seizure may be made after the owner has relinquished control of the property to a third party or . . . from the immediate custody and control of the owner.”
Here, of course, Segura and Colon, whose possessory interests were interfered with by the occupation, were under arrest and in the custody of the police throughout the entire period the agents occupied the apartment. The actual interference with their possessory interests in the apartment and its contents was, thus, virtually nonexistent. Cf. United States v. Van Leeuwen, 397 U. S. 249 (1970). We are not prepared to say under these limited circumstances that the seizure was unreasonable under the Fourth Amendment.
V
Petitioners also argue that even if the evidence was not subject to suppression as primary evidence “seized” by virtue of the initial illegal entry and occupation of the premises, it should have been excluded as “fruit” derived from that illegal entry. Whether the initial entry was illegal or not is irrelevant to the admissibility of the challenged evidence because there was an independent source for the warrant under which that evidence was seized. Exclusion of evidence as derivative or “fruit of the poisonous tree” is not warranted here because of that independent source.
None of the information on which the warrant was secured was derived from or related in any way to the initial entry into petitioners’ apartment; the information came from sources wholly unconnected with the entry and was known to the agents well before the initial entry. No information obtained during the initial entry or occupation of the apartment was needed or used by the agents to secure the warrant. It is therefore beyond dispute that the information possessed by the agents before they entered the apartment constituted an independent source for the discovery and seizure of the evidence now challenged. This evidence was discovered the day following the entry, during the search conducted under a valid warrant; it was the product of that search, wholly unrelated to the prior entry. The valid warrant search was a “means sufficiently distinguishable” to purge the evidence of any “taint” arising from the entry. Wong Sun, 371 U. S., at 488. Had police never entered the apartment, but instead conducted a perimeter stakeout to prevent anyone from entering the apartment and destroying evidence, the contraband now challenged would have been discovered and seized precisely as it was here. The legality of the initial entry is, thus, wholly irrelevant under Wong Sun, supra, and Silverthorne Lumber Co. v. United States, 251 U. S. 385 (1920).
Our conclusion that the challenged evidence was admissible is fully supported by our prior cases going back more than a half century. The Court has never held that evidence is “fruit of the poisonous tree” simply because “it would not have come to light but for the illegal actions of the police.” See Wong Sun, supra, at 487-488; Rawlings v. Kentucky, 448 U. S. 98 (1980); Brown v. Illinois, 422 U. S. 590, 599 (1975). That would squarely conflict with Silverthome and our other cases allowing admission of evidence, notwithstanding a prior illegality, when the link between the illegality and that evidence was sufficiently attenuated to dissipate the taint. By the same token, our cases make clear that evidence will not be excluded as “fruit” unless the illegality is at least the “but for” cause of the discovery of the evidence. Suppression is not justified unless “the challenged evidence is in some sense the product of illegal governmental activity.” United States v. Crews, 445 U. S., at 471. The illegal entry into petitioners’ apartment did not contribute in any way to discovery of the evidence seized under the warrant; it is clear, therefore, that not even the threshold “but for” requirement was met in this case.
The dissent contends that the initial entry and securing of the premises are the “but for” causes of the discovery of the evidence in that, had the agents not entered the apartment, but instead secured the premises from the outside, Colon or her friends if alerted, could have removed or destroyed the evidence before the warrant issued. While the dissent embraces this “reasoning,” petitioners do not press this argument. The Court of Appeals rejected this argument as “prudentially unsound” and because it rested on “wholly speculative assumptions.” Among other things, the Court of Appeals suggested that, had the agents waited to enter the apartment until the warrant issued, they might not have decided to take Segura to the apartment and thereby alert Colon. Or, once alerted by Segura’s failure to appear, Colon might have attempted to remove the evidence, rather than destroy it, in which event the agents could have intercepted her and the evidence.
We agree fully with the Court of Appeals that the District Court’s suggestion that Colon and her cohorts would have removed or destroyed the evidence was pure speculation. Even more important, however, we decline to extend the exclusionary rule, which already exacts an enormous price from society and our system of justice, to further “protect” criminal activity, as the dissent would have us do.
It may be that, if the agents had not entered the apartment, petitioners might have arranged for the removal or destruction of the evidence, and that in this sense the agents’ actions could be considered the “but for” cause for discovery of the evidence. But at this juncture, we are reminded of Justice Frankfurter’s warning that “[s]ophisticated argument may prove a causal connection between information obtained through [illegal conduct] and the Government’s proof,” and his admonition that the courts should consider whether “[a]s a matter of good sense . . . such connection may have become so attenuated, as to dissipate the taint.” Nardone, 308 U. S., at 341. The essence of the dissent is that there is some “constitutional right” to destroy evidence. This concept defies both logic and common sense.
rH i>
We agree with the Court of Appeals that the cocaine, cash records, and ammunition were properly admitted into evidence. Accordingly, the judgment is affirmed.
It is so ordered.
Justice White, Justice Powell, and Justice Rehnquist join all but Part IV of this opinion.
See Griswold, Criminal Procedure, 1969 — Is It a Means or an End?, 29 Md. L. Rev. 307, 317 (1969); see generally 2 W. LaFave, Search and Seizure §6.5 (1978).
Rivudalla-Vidal and Parra were indicted with petitioners and were charged with one count of possession with intent to distribute one-half kilogram of cocaine on one occasion and one kilogram on another occasion. Both pleaded guilty to the charges. They moved in the District Court to suppress the one-half kilogram of cocaine found on Parra’s person at the time of their arrests on the ground that the Task Force agents had stopped them in violation of Terry v. Ohio, 392 U. S. 1 (1968). The court denied the motion. Rivudalla-Vidal and Parra absconded prior to sentencing by the District Court.
In Griffin, absent exigent circumstances, police officers forcibly entered an apartment and discovered in plain view narcotics and related paraphernalia. The entry took place while other officers sought a search warrant. The Court of Appeals for the Sixth Circuit affirmed the District Court’s grant of the defendant’s suppression motion.
Both the District Court and the Court of Appeals held that the initial entry into the apartment was not justified by exigent circumstances, and thus that the items discovered in plain view during the limited security check had to be suppressed to effect the purposes of the Fourth Amendment. The United States, although it does not concede the correctness of this holding, does not contest it in this Court. Because the Government has decided not to press its argument that exigent circumstances existed, we need not and do not address this aspect of the Court of Appeals decision. We are concerned only with whether the Court of Appeals properly determined that the Fourth Amendment did not require suppression of the evidence seized during execution of the valid warrant.
In Agapito, DEA agents, following a 2-day surveillance of the defendant’s hotel room, arrested the suspected occupants of the room in the lobby of the hotel. After the arrests, the agents entered the hotel room and remained within, with the exception of periodic departures, for almost 24 hours until a search warrant issued. During their stay in the room, the agents seized but did not open a suitcase found in the room. In the search pursuant to the warrant, the agents found cocaine in the suitcase. Although the Second Circuit held that the initial entry was illegal, it held that the cocaine need not be suppressed because it was discovered in the search under the valid warrant.
In two instances, the Court has allowed temporary seizures and limited detentions of property based upon less than probable cause. In United States v. Van Leeuwen, 397 U. S. 249 (1970), the Court refused to invalidate the seizure and detention — on the basis of only reasonable suspicion — of two packages delivered to a United States Post Office for mailing. One of the packages was detained on mere suspicion for only 1% hours; by the end of that period enough information had been obtained to establish probable cause that the packages contained stolen coins. But the other package was detained for 29 hours before a search warrant was finally served. Both seizures were held reasonable. In fact, the Court suggested that both seizures and detentions for these “limited times” were “prudent” under the circumstances.
Only last Term, in United States v. Place, 462 U. S. 696 (1983), we considered the validity of a brief seizure and detention of a traveler’s luggage, on the basis of a reasonable suspicion that the luggage contained contraband; the purpose of the seizure and brief detention was to investigate further the causes for the suspicion. Although we held that the 90-minute detention of the luggage in the airport was, under the circumstances, unreasonable, we held that the rationale of Terry v. Ohio, 392 U. S. 1 (1968), applies to permit an officer, on the basis of reasonable suspicion that a traveler is carrying luggage containing contraband, to seize and detain the luggage briefly to “investigate the circumstances that aroused his suspicion.” 462 U. S., at 706.
A distinguished constitutional scholar raised the question whether a seizure of premises might not be appropriate to preserve the status quo and protect valuable evidence while police officers in good faith seek a warrant.
“Here there is a very real practical problem. Does the police officer have any power to maintain the status quo while he, or a colleague of his, is taking the time necessary to draw up a sufficient affidavit to support an application for a search warrant, and then finding a magistrate, submitting the application to him, obtaining the search warrant if it is issued, and then bringing it to the place where the arrest was made. It seems inevitable that a minimum of several hours will be required for this process, at the very best. Unless there is some kind, of a power to prevent removal of material from the premises, or destruction of material during this time, the search warrant mil almost inevitably be fruitless." Griswold, 29 Md. L. Rev., at 317 (emphasis added).
Justice Black posed essentially the same question in his dissent in Vale v. Louisiana, 399 U. S. 30, 36 (1970). After pointing out that Vale’s arrest just outside his residence was “plainly visible to anyone within the house, and the police had every reason to believe that someone in the house was likely to destroy the contraband if the search were postponed,” he noted:
“This case raises most graphically the question how does a policeman protect evidence necessary to the State if he must leave the premises to get a warrant, allowing the evidence he seeks to be destroyed. The Court’s answer to that question makes unnecessarily difficult the conviction of those who prey upon society.” Id., at 41.
Our decision in United States v. Place, 462 U. S. 696 (1983), is not inconsistent with this conclusion. There, we found unreasonable a 90-minute detention of a traveler’s luggage. But the detention was based only on a suspicion that the luggage contained contraband, not on probable cause. After probable cause was established, authorities held the unopened luggage for almost three days before a warrant was obtained. It was not suggested that this delay presented an independent basis for suppression of the evidence eventually discovered.
Our holding in this respect is consistent wjth the vast majority of Federal Courts of Appeals which have held that evidence obtained pursuant to a valid warrant search need not be excluded because of a prior illegal entry. See, e. g., United States v. Perez, 700 F. 2d 1232 (CA8 1983); United States v. Kinney, 638 F. 2d 941 (CA6), cert. denied, 452 U. S. 918 (1981); United States v. Fitzharris, 633 F. 2d 416 (CA51980), cert. denied, 451 U. S. 988 (1981); United States v. Agapito, 620 F. 2d 324 (CA2 1980); United States v. Bosby, 675 F. 2d 1174 (CA11 1982) (dictum). The only Federal Court of Appeals to hold otherwise is the Ninth Circuit. See United States v. Lomas, 706 F. 2d 886 (1983); United States v. Allard, 634 F. 2d 1182 (1980).
It is important to note that the dissent stresses the legal status of the agents’ initial entry and occupation of the apartment; however, this case involves only evidence seized in the search made subsequently under a valid warrant. Implicit in the dissent is that the agents’ presence in the apartment denied petitioners some legal “right” to arrange to have the incriminating evidence concealed or destroyed.