ornelas et al argued march decided may denying petitioners motion suppress cocaine found car district ruled police reasonable suspicion stop question petitioners probable cause remove one interior panels package containing cocaine found appeals ultimately affirmed determinations reviewing deferentially clear error finding clear error either instance held ultimate questions reasonable suspicion stop probable cause make warrantless search reviewed de novo principal components either inquiry determination historical facts leading stop search decision mixed question law fact whether historical facts viewed standpoint objectively reasonable police officer amount reasonable suspicion probable cause independent appellate review latter determination consistent position taken see brinegar prevent unacceptably varied results based interpretation similar facts different trial judges see necessary appellate courts maintain control clarify pertinent legal rules see miller fenton tend unify precedent provide police defined set rules instances make possible reach correct determination beforehand whether invasion privacy justified interest law enforcement see new york belton however reviewing take care review findings historical fact clear error give due weight inferences drawn therefrom resident judges view facts light community distinctive features events local police view facts lens experience expertise pp vacated remanded rehnquist delivered opinion stevens kennedy souter thomas ginsburg breyer joined scalia filed dissenting opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions typographical formal errors order corrections may made preliminary print goes press end syllabus saul ornelas ismael petitioners facts disputed early morning december day detective michael pautz veteran milwaukee county sheriff department years specializing drug enforcement conducting surveillance downtown milwaukee pautz noticed oldsmobile california license plates motel parking lot car attracted pautz attention two reasons older model general motors cars favorite drug couriers easy hide things california source state drugs detective pautz radioed dispatcher inquire car registration dispatcher informed pautz owner either miguel ledesma ornelas miguel ornelas ledesma san jose california pautz unsure name dispatcher gave detective pautz checked motel registry learned ismael ornelas accompanied second man registered without reservations pautz called partner donald hurrle detective approximately years law enforcement experience assigned past years drug enforcement unit hurrle arrived scene officers contacted local office drug enforcement administration dea asked dea personnel run names miguel ledesma ornelas ismael ornelas narcotics dangerous drugs information system naddis federal database known suspected drug traffickers names appeared naddis naddis report identified miguel ledesma ornelas heroin dealer el centro california ismael ornelas cocaine dealer tucson arizona officers summoned deputy luedke department dog merlin upon arrival detective pautz left another assignment detective hurrle informed luedke knew together waited sometime later petitioners emerged motel got oldsmobile detective hurrle approached car identified police officer inquired whether illegal drugs contraband petitioners answered hurrle asked identification given two california driver licenses bearing names saul ornelas ismael ornelas hurrle asked search car petitioners consented men appeared calm ismael shaking somewhat deputy luedke past nine years searched approximately cars narcotics searched oldsmobile interior noticed panel right rear passenger armrest felt somewhat loose suspected panel might removed contraband hidden inside luedke testify later screw door jam adjacent loose panel rusty meant screw removed time luedke dismantled panel discovered two kilograms cocaine petitioners arrested petitioners filed pretrial motions suppress alleging police officers violated fourth amendment rights officers detained parking lot deputy luedke searched inside panel without warrant government conceded officers approached petitioners parking lot reasonable person felt free leave encounter investigatory stop see investigatory stop permissible fourth amendment supported reasonable suspicion terry ohio warrantless search car valid based probable cause california acevedo conducting evidentiary hearing magistrate judge concluded circumstances gave officers reasonable suspicion probable cause magistrate found finding fact rust screw hence concluded deputy luedke insufficient basis conclude drugs found within panel magistrate nonetheless recommended district deny suppression motions thought given presence dog officers found cocaine lawful means eventually therefore drugs admissible inevitable discovery doctrine see nix williams district adopted magistrate recommendation respect reasonable suspicion reasoning probable cause district thought model age origin car fact two men traveling together checked motel morning without reservations formed profile profile together naddis reports gave rise reasonable suspicion activity view reasonable suspicion became probable cause deputy luedke found loose panel accordingly ruled cocaine need excluded appeals reviewed deferentially district determinations reasonable suspicion probable cause reverse upon finding clear error found clear error analysis affirmed determination ibid respect finding however remanded case determination whether luedke credible testifying loose panel remand magistrate judge expressly found testimony credible district accepted finding ruled probable cause supported search seventh circuit held determination clearly erroneous judgt order reported granted certiorari resolve conflict among circuits applicable standard appellate review articulating precisely reasonable suspicion probable cause mean possible commonsense nontechnical conceptions deal factual practical considerations everyday life reasonable prudent men legal technicians act illinois gates quoting brinegar see sokolow standards readily even usefully reduced neat set legal rules gates supra described reasonable suspicion simply particularized objective basis suspecting person stopped criminal activity cortez probable cause search existing known facts circumstances sufficient warrant man reasonable prudence belief contraband evidence crime found see brinegar supra gates supra cautioned two legal principles standards comparable standards proof beyond reasonable doubt proof preponderance evidence gates supra instead fluid concepts take substantive content particular contexts standards assessed gates supra brinegar supra standard proof probable cause correlative must proved ker california cour recognition standards reasonableness fourth amendment susceptible procrustean application ach case decided facts circumstances internal quotation marks omitted terry ohio supra limitations imposed fourth amendment developed concrete factual circumstances individual cases principal components determination reasonable suspicion probable cause events occurred leading stop search decision whether historical facts viewed standpoint objectively reasonable police officer amount reasonable suspicion probable cause first part analysis involves determination historical facts second mixed question law fact historical facts admitted established rule law undisputed issue whether facts satisfy relevant statutory constitutional standard put another way whether rule law applied established facts violated swint think independent appellate review ultimate determinations reasonable suspicion probable cause consistent position taken past cases never reviewing determination expressly deferred trial determination see brinegar supra rejecting district conclusion police lacked probable cause alabama white conducting independent review finding reasonable suspicion policy sweeping deference permit absence significant difference facts fourth amendment incidence tur whether different trial judges draw general conclusions facts sufficient insufficient constitute probable cause brinegar supra varied results inconsistent idea unitary system law unacceptable addition legal rules probable cause reasonable suspicion acquire content application independent review therefore necessary appellate courts maintain control clarify legal principles see miller fenton relevant legal principle given meaning application particular circumstances case reluctant give trier fact conclusions presumptive force strip federal appellate primary function expositor law finally de novo review tends unify precedent come closer providing law enforcement officers defined set rules instances makes possible reach correct determination beforehand whether invasion privacy justified interest law enforcement new york belton see also thompson keohane slip law declaration aspect independent review potentially may guide police unify precedent stabilize law effects serve legitimate law enforcement interests true mosaic analyzed inquiry one determination seldom useful precedent another gates supra exceptions instance circumstances brinegar supra carroll alike concluded reversing circuit decision brinegar necessary faithful carroll brinegar supra find present facts substantial basis distinguishing case carroll case likewise recognized similarity facts sokolow florida royer cases defendant traveled assumed name paid airline ticket cash number small bills traveled miami source city illicit drugs appeared nervous airport true ross california acevedo see facts case closely resemble facts ross mendenhall reid georgia see powell concurring facts mendenhall remarkably similar present case even one case may squarely control another one two decisions viewed together may usefully add body law subject appeals adopting deferential standard review reasoned de novo review warrantless searches inconsistent great deference paid reviewing decision issue warrant see illinois gates see spears agree fourth amendment demonstrates strong preference searches conducted pursuant warrant gates supra police likely use warrant process scrutiny applied magistrate determination issue warrant less warrantless searches eliminate distinction eliminate incentive therefore hold general matter determinations reasonable suspicion probable cause reviewed de novo appeal said hasten point reviewing take care review findings historical fact clear error give due weight inferences drawn facts resident judges local law enforcement officers trial judge views facts particular case light distinctive features events community likewise police officer views facts lens police experience expertise background facts provide context historical facts seen together yield inferences deserve deference example may amount reasonable suspicion motel located alongside transcontinental highway height summer tourist season may rise level december milwaukee city unlikely overnight stop selected last minute traveler coming california points east width lake michigan blocks eastward progress city salubrious summer climate seasonal attractions bring many tourists time year true december milwaukee average daily high temperature month degrees average daily low degrees percentage possible sunshine percent reasonable inference californian stopping milwaukee december either transact business visit family friends background facts though rarely subject explicit findings inform judge assessment historical facts similar vein cases recognized police officer may draw inferences based experience deciding whether probable cause exists see ortiz layman sort loose panel back seat arm rest automobile involved case may suggest wear tear officer luedke searched roughly cars narcotics suggested drugs may secreted inside panel appeals give due weight trial finding officer credible inference reasonable vacate judgments remand case appeals review de novo district determinations officer reasonable suspicion probable cause case ordered justice scalia dissenting today decides district determinations whether probable cause justify warrantless search reasonable suspicion make investigatory stop reviewed de novo past reviewed mixed questions law fact de novo basis others deferential basis depending upon essentially practical considerations respect questions issue purpose determination extremely nature cause de novo review relatively little benefit view unwise require courts appeals undertake searching inquiry standard requires affirm judgment appeals recognizes determinations probable cause reasonable suspicion involve process first must identify relevant historical facts known officer time stop search second must decide whether standard objective reasonableness facts give rise reasonable suspicion justifying stop probable cause search see ante second step requires application objective legal standard facts properly characterized mixed question law fact see ante swint merely labeling issues mixed questions however establish receive de novo review well settled appellate courts accep findings fact clearly erroneous decid questions law de novo first options chicago kaplan slip rigid rule respect mixed questions said deferential review mixed questions law fact warranted appears district better positioned appellate decide issue question probing appellate scrutiny contribute clarity legal doctrine salve regina college russell citing miller fenton primary factors counsel favor deferential review mixed questions law district lack value appellate ordinarily present respect determinations reasonable suspicion probable cause factual details bearing upon determinations often numerous even supported uncontroverted police testimony subject credibility determinations appellate never benefit district intimate familiarity details full benefit hearing live testimony unless district makes specific findings totality circumstances bearing upon stop search recognized cooter gell hartmarx case holding deferential review applied district federal rule civil procedure determination attorney conduct reasonable inquiry entertain substantiated belief regarding nonfrivolousness complaint see district amiliar issues litigants better situated appeals marshal pertinent facts apply legal standard moreover acknowledges reasonable suspicion probable cause commonsense nontechnical conceptions deal factual practical considerations everyday life reasonable prudent men legal technicians act ante quoting illinois gates quoting brinegar trial makes commonsense determinations based totality circumstances ordinarily accorded deference said case concerning question whether certain payments gift excludable income internal revenue code equally pertinent decision issue presented cases must based ultimately application tribunal experience mainsprings human conduct totality facts case nontechnical nature standard close relationship data practical human experience multiplicity relevant factual elements various combinations creating necessity ascribing proper force confirm us conclusion primary weight area must given conclusions trier fact commissioner duberstein facts case illustrate futility attempting craft useful precedent review demanded determinations probable cause reasonable suspicion remand conducting de novo review seventh circuit might consider inter alia following factors relevant determination whether probable cause conduct warrantless search reasonable suspicion justifying investigatory stop two naddis tips ii car general motors product iii car california source state iv car milwaukee december vi one suspect checked hotel vii reservations viii one traveling companion ix one suspect appeared calm shaking loose panel car door seventh circuit find unique confluence factors supported probable cause reasonable suspicion absence one factors next case render precedent inapplicable course even factors replicated use de novo standard opposed deferential standard provide greater clarity latter suffice set trial conclusion aside appellate holds basis deferential review reversible error district find probable cause reasonable suspicion light certain facts advances clarity law much reversed district conducting plenary review present case additional factor counseling de novo review must mentioned prime benefit de novo appellate review criminal cases course prevent miscarriage justice might result permitting verdict guilty rest upon legal determinations single judge issue cases innocence deterrence unlawful police conduct deterrence lessened trial judge determination right wrong subjected deferential review wrong assertion ante unless dual standard review magistrate decision issue warrant de novo review district ex post facto approval warrantless incentive obtain warrant eliminated leon held reliable physical evidence seized officers reasonably relying warrant issued detached neutral magistrate admissible prosecutor case chief warrant provide assurance fruits even technically improper search admissible law enforcement officers still ample incentive proceed warrant finally must observe appear courage conclusions apparent effort reduce unproductive burden today decision imposes upon appellate courts perhaps salvage trial superior familiarity facts cast aside suggests appellate give due weight trial finding officer inference wrongdoing assessment probable cause search reasonable ante ways finding reasonableness precisely told us appellate must review de novo de novo review weight due trial finding zero last analysis opinion seems wrong contradictory affirm judgment seventh circuit ground correctly applied deferential standard review district findings probable cause reasonable suspicion footnotes petitioners also alleged given consent search interior car magistrate judge rejected claim finding record clearly establishe consent search oldsmobile neither petitioner placed restrictions areas officers search app magistrate ruled consent give officers authority search inside panel however seventh circuit precedent police may dismantle car body otherwise valid search unless police probable cause believe car panels contain narcotics see garcia assume correct circuit limitation scope consent purposes decision district emphasized twice reject magistrate recommendation respect inevitable discovery doctrine app appeal government defend seizure alternative ground seventh circuit considered argument waived seventh circuit uses term clear error denote deferential standard applied reviewing determinations reasonable suspicion probable cause think preferable term abuse discretion see pierce underwood clear error term art derived rule federal rules civil procedure applies reviewing questions fact compare puerta de novo review ramos de novo review cert denied patrick de novo review spears clear error accord petitioners contends de novo standard review apply determinations probable cause reasonable suspicion therefore invited peter isakoff brief argue case amicus curiae support judgment isakoff accepted appointment well fulfilled assigned responsibility