sokolow
argued
january
decided
april
drug
enforcement
administration
dea
agents
stopped
respondent
upon
arrival
honolulu
international
airport
agents
found
grams
cocaine
luggage
respondent
stopped
agents
knew
inter
alia
paid
two
plane
tickets
roll
bills
traveled
name
match
name
telephone
number
listed
original
destination
miami
source
city
illicit
drugs
stayed
miami
hours
even
though
flight
honolulu
miami
takes
hours
appeared
nervous
trip
checked
none
luggage
respondent
indicted
possession
intent
distribute
cocaine
district
denied
motion
suppress
evidence
finding
stop
justified
reasonable
suspicion
engaged
criminal
activity
required
fourth
amendment
appeals
disagreed
reversed
respondent
conviction
applying
test
determining
reasonable
suspicion
first
ruled
least
one
fact
describing
ongoing
criminal
activity
use
alias
evasive
movement
airport
always
necessary
support
finding
second
probabilistic
facts
describing
personal
characteristics
drug
couriers
cash
payment
tickets
short
trip
major
source
city
drugs
nervousness
type
attire
unchecked
luggage
relevant
evidence
ongoing
criminal
activity
government
offered
mpirical
documentation
combination
facts
issue
describe
behavior
significant
numbers
innocent
persons
appeals
held
agents
stop
impermissible
evidence
ongoing
criminal
behavior
case
held
facts
case
dea
agents
reasonable
suspicion
respondent
transporting
illegal
drugs
stopped
pp
terry
ohio
police
stop
briefly
detain
person
investigative
purposes
reasonable
suspicion
supported
articulable
facts
criminal
activity
may
afoot
even
lack
probable
cause
fourth
amendment
reasonable
suspicion
entails
minimal
level
objective
justification
making
stop
something
inchoate
unparticularized
suspicion
hunch
less
level
suspicion
required
probable
cause
appeals
test
creates
unnecessary
difficulty
dealing
one
relatively
simple
concepts
embodied
fourth
amendment
decisions
totality
circumstances
must
evaluated
determine
probability
rather
certainty
criminal
conduct
cortez
appeals
test
draws
unnecessarily
sharp
line
types
evidence
probative
value
varies
degree
traveling
alias
taking
evasive
path
airport
may
highly
probative
neither
type
evidence
sort
ironclad
significance
attributed
appeals
instances
neither
factor
reflect
ongoing
criminal
activity
hand
test
probabilistic
factors
also
probative
significance
paying
cash
airline
tickets
roll
bills
containing
nearly
twice
amount
ordinary
conduct
business
travelers
vacationers
evidence
respondent
traveling
alias
although
conclusive
sufficient
warrant
consideration
similar
effect
probability
honolulu
residents
travel
hours
spend
hours
miami
july
thus
although
factors
proof
illegal
conduct
quite
consistent
innocent
travel
taken
together
amount
reasonable
suspicion
criminal
conduct
afoot
pp
fact
agents
believed
respondent
behavior
consistent
one
dea
drug
courier
profiles
alter
analysis
factors
question
evidentiary
significance
regardless
whether
set
forth
profile
reasonableness
decision
stop
respondent
contends
turn
upon
whether
police
used
least
intrusive
means
available
verify
dispel
suspicions
rule
unduly
hamper
officers
ability
make
decisions
respondent
enter
taxicab
require
courts
indulge
unrealistic
florida
royer
distinguished
pp
rehnquist
delivered
opinion
white
blackmun
stevens
scalia
kennedy
joined
marshall
filed
dissenting
opinion
brennan
joined
post
paul
larkin
argued
cause
briefs
solicitor
general
fried
acting
assistant
attorney
general
dennis
deputy
solicitor
general
bryson
patty
merkamp
stemler
robert
goldberg
argued
cause
filed
brief
respondent
chief
justice
rehnquist
delivered
opinion
respondent
andrew
sokolow
stopped
drug
enforcement
administration
dea
agents
upon
arrival
honolulu
international
airport
agents
found
grams
cocaine
luggage
respondent
stopped
agents
knew
inter
alia
paid
two
airplane
tickets
roll
bills
traveled
name
match
name
telephone
number
listed
original
destination
miami
source
city
illicit
drugs
stayed
miami
hours
even
though
flight
honolulu
miami
takes
hours
appeared
nervous
trip
checked
none
luggage
divided
panel
appeals
ninth
circuit
held
dea
agents
reasonable
suspicion
stop
respondent
required
fourth
amendment
take
contrary
view
case
involves
typical
attempt
smuggle
drugs
one
nation
airports
sunday
july
respondent
went
airlines
ticket
counter
honolulu
airport
purchased
two
tickets
flight
miami
leaving
later
day
tickets
purchased
names
andrew
kray
janet
norian
open
return
dates
respondent
paid
tickets
large
roll
bills
appeared
contain
total
also
gave
ticket
agent
home
telephone
number
ticket
agent
noticed
respondent
seemed
nervous
years
old
dressed
black
jumpsuit
wore
gold
jewelry
accompanied
woman
turned
janet
norian
neither
respondent
companion
checked
four
pieces
luggage
couple
left
flight
ticket
agent
informed
officer
john
mccarthy
honolulu
police
department
respondent
cash
purchase
tickets
miami
officer
mccarthy
determined
telephone
number
respondent
gave
ticket
agent
subscribed
karl
herman
resided
royal
hawaiian
avenue
honolulu
unbeknownst
mccarthy
later
dea
agents
respondent
herman
roommate
ticket
agent
identified
respondent
voice
answering
machine
herman
number
officer
mccarthy
unable
find
listing
name
andrew
kray
hawaii
mccarthy
subsequently
learned
return
reservations
miami
honolulu
made
names
kray
norian
arrival
scheduled
july
three
days
respondent
companion
left
also
learned
kray
norian
scheduled
make
stopovers
denver
los
angeles
july
stopover
los
angeles
dea
agents
identified
respondent
appeared
nervous
looking
around
waiting
area
app
later
day
respondent
norian
arrived
honolulu
checked
luggage
respondent
still
wearing
black
jumpsuit
gold
jewelry
couple
proceeded
directly
street
tried
hail
cab
agent
richard
kempshall
three
dea
agents
approached
kempshall
displayed
credentials
grabbed
respondent
arm
moved
back
onto
sidewalk
kempshall
asked
respondent
airline
ticket
identification
respondent
said
neither
told
agents
name
sokolow
traveling
mother
maiden
name
kray
respondent
norian
escorted
dea
office
airport
couple
luggage
examined
donker
narcotics
detector
dog
alerted
respondent
brown
shoulder
bag
agents
arrested
respondent
advised
constitutional
rights
declined
make
statements
agents
obtained
warrant
search
shoulder
bag
found
illicit
drugs
bag
contain
several
suspicious
documents
indicating
respondent
involvement
drug
trafficking
agents
donker
reexamine
remaining
luggage
time
dog
alerted
louis
vuitton
bag
late
agents
obtain
second
warrant
allowed
respondent
leave
night
kept
luggage
next
morning
second
dog
confirmed
donker
alert
agents
obtained
warrant
found
grams
cocaine
inside
bag
respondent
indicted
possession
intent
distribute
cocaine
violation
district
hawaii
denied
motion
suppress
cocaine
evidence
seized
luggage
finding
dea
agents
reasonable
suspicion
involved
drug
trafficking
stopped
airport
respondent
entered
conditional
plea
guilty
offense
charged
appeals
ninth
circuit
reversed
respondent
conviction
divided
vote
holding
dea
agents
reasonable
suspicion
justify
stop
majority
divided
facts
bearing
reasonable
suspicion
two
categories
first
category
majority
placed
facts
describing
ongoing
criminal
activity
use
alias
evasive
movement
airport
majority
believed
least
one
factor
always
needed
support
finding
reasonable
suspicion
second
category
placed
facts
describing
personal
characteristics
drug
couriers
cash
payment
tickets
short
trip
major
source
city
drugs
nervousness
type
attire
unchecked
luggage
majority
believed
characteristics
shared
drug
couriers
public
large
relevant
evidence
ongoing
criminal
behavior
government
offered
mpirical
documentation
combination
facts
issue
describe
behavior
significant
numbers
innocent
persons
ibid
applying
test
facts
case
majority
found
evidence
ongoing
criminal
behavior
thus
agents
stop
impermissible
dissenting
judge
took
view
majority
approach
overly
mechanistic
contrary
determination
reasonable
articulable
suspicion
based
facts
granted
certiorari
review
decision
appeals
serious
implications
enforcement
federal
narcotics
laws
reverse
appeals
held
dea
agents
seized
respondent
grabbed
arm
moved
back
onto
sidewalk
government
challenge
conclusion
assume
without
deciding
stop
occurred
decision
turns
whether
agents
reasonable
suspicion
respondent
engaged
wrongdoing
encountered
sidewalk
terry
ohio
held
police
stop
briefly
detain
person
investigative
purposes
officer
reasonable
suspicion
supported
articulable
facts
criminal
activity
may
afoot
even
officer
lacks
probable
cause
officer
course
must
able
articulate
something
inchoate
unparticularized
suspicion
hunch
fourth
amendment
requires
minimal
level
objective
justification
making
stop
ins
delgado
level
suspicion
considerably
less
proof
wrongdoing
preponderance
evidence
held
probable
cause
means
fair
probability
contraband
evidence
crime
found
illinois
gates
level
suspicion
required
terry
stop
obviously
less
demanding
probable
cause
see
montoya
de
hernandez
concept
reasonable
suspicion
like
probable
cause
readily
even
usefully
reduced
neat
set
legal
rules
gates
supra
think
appeals
effort
refine
elaborate
requirements
reasonable
suspicion
case
creates
unnecessary
difficulty
dealing
one
relatively
simple
concepts
embodied
fourth
amendment
evaluating
validity
stop
must
consider
totality
circumstances
whole
picture
cortez
said
cortez
process
deal
hard
certainties
probabilities
long
law
probabilities
articulated
practical
people
formulated
certain
conclusions
human
behavior
jurors
factfinders
permitted
law
enforcement
officers
hand
factors
case
appeals
treated
merely
probabilistic
also
probative
significance
paying
cash
two
airplane
tickets
ordinary
even
ordinary
pay
sum
roll
bills
containing
nearly
twice
amount
cash
business
travelers
feel
confident
purchase
airline
tickets
credit
card
check
record
tax
business
purposes
vacationers
carry
thousands
dollars
bills
also
think
agents
reasonable
ground
believe
respondent
traveling
alias
evidence
means
conclusive
sufficient
warrant
consideration
trip
honolulu
miami
standing
alone
cause
sort
suspicion
surely
residents
honolulu
travel
city
hours
spend
hours
miami
month
july
one
factors
proof
illegal
conduct
quite
consistent
innocent
travel
think
taken
together
amount
reasonable
suspicion
see
florida
royer
opinion
white
blackmun
dissenting
rehnquist
dissenting
said
reid
georgia
per
curiam
course
circumstances
wholly
lawful
conduct
might
justify
suspicion
criminal
activity
afoot
indeed
terry
involved
series
acts
perhaps
innocent
viewed
separately
taken
together
warranted
investigation
see
also
cortez
supra
noted
gates
innocent
behavior
frequently
provide
basis
showing
probable
cause
making
determination
probable
cause
relevant
inquiry
whether
particular
conduct
innocent
guilty
degree
suspicion
attaches
particular
types
noncriminal
acts
principle
applies
equally
well
reasonable
suspicion
inquiry
agree
respondent
analysis
somehow
changed
agents
belief
behavior
consistent
one
dea
drug
courier
profiles
brief
respondent
sitting
determine
existence
reasonable
suspicion
must
require
agent
articulate
factors
leading
conclusion
fact
factors
may
set
forth
profile
somehow
detract
evidentiary
significance
seen
trained
agent
respondent
also
contends
agents
obligated
use
least
intrusive
means
available
verify
dispel
suspicions
smuggling
narcotics
respondent
view
agents
simply
approached
spoken
rather
forcibly
detaining
points
statement
florida
royer
supra
opinion
white
investigative
methods
employed
least
intrusive
means
reasonably
available
verify
dispel
officer
suspicion
short
period
time
statement
however
directed
length
investigative
stop
whether
police
less
intrusive
means
verify
suspicions
stopping
royer
reasonableness
officer
decision
stop
suspect
turn
availability
less
intrusive
investigatory
techniques
rule
unduly
hamper
police
ability
make
swift
decisions
respondent
get
taxicab
require
courts
indulge
unrealistic
montoya
de
hernandez
quoting
sharpe
hold
agents
reasonable
basis
suspect
respondent
transporting
illegal
drugs
facts
judgment
appeals
therefore
reversed
case
remanded
proceedings
consistent
decision
ordered
footnotes
earlier
decision
appeals
also
reversed
district
basis
different
reasoning
vacated
appeals
second
decision
issued
government
petitioned
rehearing
ground
erred
considering
facts
known
agents
separately
rather
terms
totality
circumstances
respondent
also
claims
agents
conducted
inquiry
resolve
inconsistency
name
gave
airline
name
karl
herman
telephone
number
listed
brief
respondent
argument
avails
respondent
nothing
agents
done
checking
discovered
respondent
herman
roommate
also
name
sokolow
kray
name
listed
ticket
royer
police
aware
inter
alia
royer
traveling
assumed
name
paid
ticket
cash
number
small
bills
traveling
miami
new
york
put
name
address
checked
luggage
seemed
nervous
walking
miami
airport
opinion
white
reid
held
dea
agent
stopped
defendant
without
reasonable
suspicion
time
stop
agent
knew
defendant
flew
atlanta
fort
lauderdale
source
city
cocaine
arrived
early
morning
police
activity
believed
low
ebb
check
luggage
defendant
companion
appeared
attempting
hide
fact
together
held
first
three
facts
sufficient
supply
reasonable
suspicion
describe
large
category
presumably
innocent
travelers
last
fact
insufficient
facts
case
establish
reasonable
suspicion
agent
kempshall
testified
respondent
behavior
classic
aspects
drug
courier
app
since
dea
trained
narcotics
officers
identify
drug
smugglers
basis
sort
circumstantial
evidence
issue
justice
marshall
justice
brennan
joins
dissenting
strongest
advocates
fourth
amendment
rights
frequently
criminals
easy
forget
interpretations
rights
apply
innocent
guilty
alike
illinois
gates
brennan
dissenting
present
case
chain
events
set
motion
respondent
andrew
sokolow
stopped
drug
enforcement
administration
dea
agents
honolulu
international
airport
led
discovery
cocaine
ultimately
sokolow
conviction
drug
trafficking
sustaining
conviction
ground
agents
reasonably
suspected
sokolow
ongoing
criminal
activity
diminishes
rights
citizens
secure
persons
amdt
traverse
nation
airports
finding
result
constitutionally
impermissible
dissent
fourth
amendment
cabins
government
authority
intrude
personal
privacy
security
requiring
searches
seizures
usually
supported
showing
probable
cause
standard
derivation
command
applicable
brief
detentions
fall
short
searches
seizures
necessitated
law
enforcement
exigencies
need
stop
ongoing
crimes
prevent
imminent
crimes
protect
law
enforcement
officers
highly
charged
situations
terry
ohio
requiring
reasonable
suspicion
prerequisite
seizures
fourth
amendment
protects
innocent
persons
subjected
overbearing
harassing
police
conduct
carried
solely
basis
imprecise
stereotypes
criminals
look
like
basis
irrelevant
personal
characteristics
race
citation
omitted
deter
egregious
police
behavior
held
suspicion
reasonable
unless
officers
based
specific
articulable
facts
see
also
enough
suspect
individual
committed
crimes
past
harbors
unconsummated
criminal
designs
propensity
commit
crimes
contrary
detaining
individual
law
enforcement
officers
must
reasonably
suspect
engaged
poised
commit
criminal
act
moment
see
brown
texas
detain
officers
must
reasonable
suspicion
based
objective
facts
individual
involved
criminal
activity
terry
supra
reasonable
suspicion
exists
policeman
reasonably
concludes
inter
alia
criminal
activity
may
afoot
rationale
permitting
brief
warrantless
seizures
impractical
demand
strict
compliance
fourth
amendment
ordinary
requirement
face
ongoing
imminent
criminal
activity
demanding
swift
action
predicated
upon
observations
officer
beat
terry
supra
observations
raising
suspicions
past
criminality
demand
immediate
action
instead
appropriately
trigger
routine
police
investigation
may
ultimately
generate
sufficient
information
blossom
probable
cause
evaluated
standard
facts
andrew
sokolow
known
dea
agents
time
stopped
fall
short
reasonably
indicating
engaged
time
criminal
activity
highly
significant
dea
agents
stopped
sokolow
matched
one
dea
profiles
paradigmatic
drug
courier
view
law
enforcement
officer
mechanistic
application
formula
personal
behavioral
traits
deciding
detain
dull
officer
ability
determination
make
sensitive
inferences
light
experience
terry
supra
particularly
ambiguous
borderline
cases
reflexive
reliance
profile
drug
courier
characteristics
runs
far
greater
risk
ordinary
police
work
subjecting
innocent
individuals
unwarranted
police
harassment
detention
risk
enhanced
profile
way
adapting
particular
set
observation
compare
moore
suspect
first
deplane
cert
denied
mendenhall
last
deplane
deplaned
middle
sullivan
tickets
craemer
tickets
mccaleb
nonstop
flight
sokolow
vacated
case
changed
planes
craemer
supra
luggage
sanford
gym
bag
cert
denied
sullivan
supra
new
suitcases
smith
traveling
alone
fry
traveling
companion
andrews
acted
nervously
cert
denied
sub
nom
brooks
himmelwright
acted
calmly
cert
denied
asserting
somehow
relevant
agents
stopped
sokolow
reliance
prefabricated
profile
criminal
characteristics
ante
majority
thus
ducks
serious
issues
relating
questionable
law
enforcement
practice
address
validity
granted
certiorari
case
factors
comprising
drug
courier
profile
relied
case
especially
dubious
indices
ongoing
criminal
activity
underscored
reid
georgia
strikingly
similar
case
four
facts
encoded
drug
courier
profile
alleged
support
dea
detention
suspect
atlanta
airport
first
reid
arrived
fort
lauderdale
florida
source
city
cocaine
second
arrived
early
morning
law
enforcement
activity
diminished
third
companion
appeared
luggage
shoulder
bags
fourth
companion
appeared
trying
conceal
fact
traveling
together
collection
facts
held
inadequate
support
finding
reasonable
suspicion
last
facts
observed
describe
large
category
presumably
innocent
travelers
subject
virtually
random
seizures
conclude
little
foundation
case
justify
seizure
sole
fact
suggested
criminal
activity
reid
preceded
another
person
occasionally
looked
backward
proceeded
concourse
ibid
observation
provide
reasonable
basis
suspecting
wrongdoing
inferring
criminal
activity
evidence
reflected
inchoate
unparticularized
suspicion
hunch
quoting
terry
facts
known
dea
agents
time
detained
traveler
case
scarcely
suggestive
ongoing
criminal
activity
reid
unlike
traveler
reid
sought
conceal
fact
traveling
companion
even
attempted
run
away
approached
dea
agent
traveler
sokolow
gave
indications
evasive
activity
contrary
sole
behavioral
detail
sokolow
noted
dea
agents
nervous
news
accounts
proliferating
plane
crashes
near
collisions
air
terrorism
manifold
good
reasons
agitated
awaiting
flight
reasons
nothing
one
involvement
criminal
endeavor
remaining
circumstantial
facts
known
sokolow
considered
either
singly
together
scarcely
indicative
criminal
activity
like
information
disavowed
reid
nonprobative
fact
sokolow
took
brief
trip
resort
city
brought
luggage
also
describe
large
category
presumably
innocent
travelers
sokolow
embarked
miami
source
city
illicit
drugs
ante
suggestive
illegality
thousands
innocent
persons
travel
source
cities
every
day
judging
dea
testimony
past
cases
nearly
every
major
city
country
may
characterized
source
distribution
city
see
sokolow
phone
listed
another
person
name
also
support
majority
assertion
dea
agents
reasonably
believed
sokolow
using
alias
commonplace
one
phone
registered
name
roommate
later
turned
precisely
sokolow
done
sokolow
dressed
black
jumpsuit
wore
gold
jewelry
also
provides
grounds
suspecting
wrongdoing
majority
repeated
unexplained
allusions
sokolow
style
dress
notwithstanding
ante
law
enforcement
officers
base
search
even
part
pop
guess
persons
dressed
particular
fashion
likely
commit
crimes
stretches
concept
reasonable
suspicion
beyond
recognition
also
inimical
choice
wardrobe
may
provide
finally
sokolow
paid
tickets
cash
indicates
imminent
ongoing
criminal
activity
majority
feel
confident
ost
business
travelers
purchase
airline
tickets
credit
card
check
ante
majority
confines
focus
business
travelers
know
lightly
infer
ongoing
crime
use
legal
tender
making
major
cash
purchases
surely
less
common
today
may
simply
reflect
traveler
aversion
inability
obtain
plastic
money
conceivably
person
spends
large
amounts
cash
may
trying
launder
proceeds
past
criminal
enterprises
converting
goods
services
noted
investigating
completed
episodes
crime
goes
beyond
appropriately
limited
purview
brief
seizure
moreover
unreasonable
suggest
sokolow
left
airport
gone
forever
thus
immune
subsequent
investigation
ante
sokolow
given
airline
phone
number
dea
ascertained
indeed
sokolow
voice
answering
machine
number
learned
information
sokolow
resided
fact
unlike
taking
patently
evasive
action
florida
rodriguez
use
alias
florida
royer
casing
store
terry
supra
provision
reliable
report
informant
wrongdoing
imminent
illinois
gates
nothing
characteristics
shown
airport
traveler
sokolow
reasonably
suggests
criminal
activity
afoot
majority
hasty
conclusion
contrary
serves
indicate
willingness
drug
crimes
antidrug
policies
issue
give
short
shrift
constitutional
rights
see
skinner
railway
labor
executives
marshall
dissenting
requiring
seizures
based
least
evidence
criminal
conduct
appeals
faithful
fourth
amendment
principle
law
enforcement
officers
must
reasonably
suspect
person
criminal
activity
detain
today
decision
though
limited
facts
ante
disobeys
important
constitutional
command
dissent
even
profiles
reliable
predictive
value
utility
short
lived
drug
couriers
adapt
behavior
sidestep
detection
officers
reid
close
case
eight
members
found
challenged
detention
insupportable
five
saw
fit
dispose
case
reversing
per
curiam
opinion
separate
concurrence
justice
powell
joined
chief
justice
burger
justice
blackmun
agreed
fragmentary
facts
apparently
relied
dea
agents
provided
justification
reid
detention
rehnquist
author
today
majority
opinion
dissented
ground
police
conduct
involved
implicate
reid
constitutional
rights
sokolow
fact
using
alias
known
dea
agents
detained
thus
legitimately
considered
basis
seizure
case
majority
also
contends
relevant
dea
agents
forcibly
stopping
sokolow
rather
simply
speaking
use
least
intrusive
means
available
ante
contrary
manner
search
carried
particularly
whether
law
enforcement
officers
taken
needlessly
intrusive
steps
highly
important
index
reasonableness
fourth
amendment
doctrine
see
winston
lee