sharpe argued november decided march drug enforcement administration dea agent patrolling highway area surveillance suspected drug trafficking noticed apparently overloaded pickup truck attached camper traveling tandem pontiac respondent savage driving truck respondent sharpe driving pontiac following two vehicles miles agent decided make investigative stop radioed south carolina state highway patrol assistance officer responded dea agent continued follow two vehicles attempted stop vehicles pontiac pulled side road truck continued pursued state officer identifying obtaining identification sharpe dea agent attempted radio state highway patrol officer dea agent unable contact state officer see stopped truck radioed local police help meantime state officer stopped truck questioned savage told held dea agent arrived agent left local police pontiac arrived scene approximately minutes truck stopped confirming suspicion truck overloaded upon smelling marihuana agent opened rear camper without savage permission observed number bales resembling bales marihuana agent seen previous investigations agent placed savage arrest returning pontiac also arrested sharpe chemical tests later showed bales contained marihuana respondents charged federal drug offenses district denied motion suppress contraband convicted appeals reversed holding investigative stops failed meet fourth amendment requirement brevity governing detentions less probable cause marihuana suppressed fruit unlawful seizures held detention savage clearly met fourth amendment standard reasonableness pp evaluating reasonableness investigative stop examines whether officer action justified inception whether reasonably related scope circumstances justified interference first place terry ohio first part inquiry appeals assumed officers articulable reasonable suspicion respondents engaged marihuana trafficking record abundantly supports assumption given circumstances officers attempted stop pontiac truck second part inquiry brevity investigative detention important factor determining whether detention unreasonable courts must also consider purposes served stop well time reasonably needed effectuate purposes appeals decision effectively establish per se rule detention long justified terry doctrine result clearly fundamentally odds approach area pp assessing whether detention long duration justified investigative stop appropriate examine whether police diligently pursued means investigation likely confirm dispel suspicions quickly time necessary detain defendant dea agent diligently pursued investigation clearly delay unnecessary investigation involved pp burger delivered opinion white blackmun powell rehnquist joined blackmun filed concurring opinion post marshall filed opinion concurring judgment post brennan post stevens post filed dissenting opinions deputy solicitor general frey argued cause briefs solicitor general lee assistant attorney general trott elliott schulder patty merkamp stemler mark kadish invitation argued cause filed brief amicus curiae support judgment chief justice burger delivered opinion granted certiorari decide whether individual reasonably suspected engaging criminal activity may detained period minutes detention necessary law enforcement officers conduct limited investigation suspected criminal activity morning june agent cooke drug enforcement administration dea patrol unmarked vehicle coastal road near sunset beach north carolina area surveillance suspected drug trafficking approximately cooke noticed blue pickup truck attached camper shell traveling highway tandem blue pontiac bonneville respondent savage driving pickup respondent sharpe driving pontiac pontiac also carried passenger davis charges later dropped observing truck riding low rear camper bounce sway appreciably truck drove bumps around curves agent cooke concluded heavily loaded quilted material covered rear side windows camper cooke suspicions sufficiently aroused follow two vehicles approximately miles proceeded south south carolina decided make investigative stop radioed state highway patrol assistance officer thrasher driving marked patrol car responded call almost immediately thrasher caught procession pontiac pickup turned highway onto campground road cooke thrasher followed two vehicles latter drove along road miles hour exceeding speed limit miles hour road eventually looped back highway onto savage sharpe turned continued drive south point four vehicles middle lane three lanes highway agent cooke asked officer thrasher signal vehicles stop thrasher pulled alongside pontiac lead turned flashing light motioned driver pontiac stop sharpe moved pontiac right lane pickup truck cut pontiac thrasher patrol car nearly hitting patrol car continued highway thrasher pursued truck cooke pulled behind pontiac cooke approached pontiac identified requested identification sharpe produced georgia driver license bearing name raymond pavlovich cooke attempted radio thrasher determine whether successful stopping pickup truck unable make contact several minutes apparently thrasher patrol car cooke radioed local police assistance two officers myrtle beach police department arrived minutes later asking two officers maintain situation cooke left join thrasher meantime thrasher stopped pickup truck mile road stopping truck thrasher approached revolver drawn ordered driver savage get assume spread eagled position side truck patted thrasher holstered gun asked savage driver license truck vehicle registration savage produced florida driver license bill sale truck bearing name pavlovich response questions thrasher concerning ownership truck savage said truck belonged friend taking shock absorbers repaired thrasher told savage held arrival cooke thrasher identified dea agent savage became nervous said wanted leave requested return driver license thrasher replied savage free leave time agent cooke arrived scene approximately minutes truck stopped thrasher handed cooke savage license bill sale truck cooke noted bill sale bore name sharpe license cooke identified savage dea agent said thought truck loaded marihuana cooke twice sought permission search camper savage declined give explaining owner truck cooke stepped rear truck observing sink lower confirmed suspicion probably overloaded put nose rear window covered inside reported smell marihuana without seeking savage permission cooke removed keys ignition opened rear camper observed large number bales resembling bales marihuana cooke seen previous investigations agent cooke placed savage arrest left thrasher cooke returned pontiac arrested sharpe davis approximately minutes elapsed time cooke stopped pontiac time returned arrest sharpe davis cooke assembled various parties vehicles led myrtle beach police station evening dea agents took truck federal building charleston south carolina several days later cooke supervised unloading truck contained bales weighing total pounds acting without search warrant cooke eight randomly selected bales opened sampled chemical tests showed samples marihuana sharpe savage charged possession controlled substance intent distribute violation district district south carolina denied respondents motion suppress contraband respondents convicted divided panel appeals fourth circuit reversed convictions sharpe majority assumed cooke articulable reasonable suspicion sharpe savage engaged marijuana trafficking thrasher stopped pontiac truck held investigative stops unlawful failed meet requirement brevity thought govern detentions less probable cause ibid basing decision solely duration respondents detentions majority concluded length detentions effectively transformed de facto arrests without bases probable cause unreasonable seizures fourth amendment ibid majority determined samples marihuana suppressed fruit respondents unlawful seizures alternative basis decision majority held warrantless search bales taken pickup violated robbins california judge russell dissented grounds majority decision government petitioned certiorari asking review alternative grounds held appeals justify suppression granted petition vacated judgment appeals remanded case consideration light intervening decision ross sharpe remand divided panel appeals reversed convictions majority concluded light ross required disavow alternative holding disapproving warrantless search marihuana bales inding ross adversely affect primary holding detentions two defendants constituted illegal seizures readopted prior opinion modified ibid majority declined reexamine principal holding reargue issues addressed detail original majority dissenting opinions reasoning action complied mandate panel assumed ad felt reversal order said judge russell dissented granted certiorari reverse ii fourth amendment course guarantee searches seizures unreasonable searches seizures authority limits amendment apply investigative stops vehicles occurred hensley cortez delaware prouse terry ohio adopted dual inquiry evaluating reasonableness investigative stop approach examine whether officer action justified inception whether reasonably related scope circumstances justified interference first place necessary us decide whether length sharpe detention unreasonable detention bears causal relation agent cooke discovery marihuana marihuana savage pickup sharpe pontiac contraband introduced respondents trial logically considered fruit sharpe detention issue case whether reasonable circumstances facing agent cooke officer thrasher detain savage whose vehicle contained challenged evidence approximately minutes conclude detention savage clearly meets fourth amendment standard reasonableness appeals question reasonableness officer thrasher agent cooke conduct detention savage rather concluded length detention alone transformed terry stop de facto arrest counsel respondents amicus curiae assert conclusion principal argument relying particularly upon decisions dunaway new york florida royer place reliance misplaced dunaway police picked murder suspect neighbor home brought police station interrogated hour confessed state conceded police lacked probable cause picked suspect sought justify warrantless detention interrogation investigative stop rejected argument concluding defendant detention important respects indistinguishable traditional arrest dunaway simply inapposite concerned length defendant detention events occurring detention royer government agents stopped defendant airport seized luggage took small room used questioning search luggage revealed narcotics held defendant detention constituted arrest see plurality opinion powell concurring ibid brennan concurring result dunaway though focus primarily facts duration defendant detention particularly fact police confined defendant small airport room questioning plurality royer note investigative detention must temporary last longer necessary effectuate purpose stop followed similar approach place case law enforcement agents stopped defendant arrival airport seized luggage minutes take narcotics detection dog sniff test decided investigative seizure personal property justified terry doctrine length detention respondent luggage alone precludes conclusion seizure reasonable absence probable cause however rationale underlying conclusion premised fact police knew respondent arrival time several hours beforehand assumed police arranged trained narcotics dog advance thus avoided necessity holding respondent luggage minutes assessing effect length detention take account whether police diligently pursue investigation ibid see also royer supra appeals conclude police acted less diligently unnecessarily prolonged savage detention place royer thus provide support appeals analysis admittedly terry dunaway royer place considered together may instances create difficult problems distinguishing investigative stop de facto arrest obviously investigative stop continues indefinitely point longer justified investigative stop cases impose rigid time limitation terry stops clear brevity invasion individual fourth amendment interests important factor determining whether seizure minimally intrusive justifiable reasonable suspicion place supra emphasized need consider law enforcement purposes served stop well time reasonably needed effectuate purposes hensley place supra michigan summers quoting lafave search seizure pp much bright line rule desirable evaluating whether investigative detention unreasonable common sense ordinary human experience must govern rigid criteria sought make clear michigan summers supra purpose underlying terry stop investigating possible criminal activity served police must certain circumstances able detain individual longer brief time period involved terry adams williams understand desirability providing law enforcement authorities clear rule guide conduct nevertheless question wisdom rigid time limitation limit undermine equally important need allow authorities graduate responses demands particular situation assessing whether detention long duration justified investigative stop consider appropriate examine whether police diligently pursued means investigation likely confirm dispel suspicions quickly time necessary detain defendant see michigan summers supra quoting lafave search seizure see also place royer making assessment take care consider whether police acting swiftly developing situation cases indulge unrealistic see generally post brennan dissenting creative judge engaged post hoc evaluation police conduct almost always imagine alternative means objectives police might accomplished fact protection public might abstract accomplished less intrusive means render search unreasonable cady dombrowski see also question simply whether alternative available whether police acted unreasonably failing recognize pursue readily conclude given circumstances facing agent cooke pursued investigation diligent reasonable manner savage detention cooke attempting contact thrasher enlisting help local police remained sharpe cooke left pursue officer thrasher pickup cooke reached officer thrasher savage proceeded expeditiously within space minutes examined savage driver license truck bill sale requested denied permission search truck stepped rear bumper noted truck move confirming suspicion probably overloaded detected odor marihuana clearly case involve delay unnecessary legitimate investigation law enforcement officers respondents presented evidence officers dilatory investigation delay case attributable almost entirely evasive actions savage sought elude police sharpe moved pontiac side road except savage maneuvers short certainly permissible detention likely taken place somewhat longer detention simply result graduate respons demands particular situation place supra reject contention stop unreasonable police acted diligently suspect actions contribute added delay complains judgment appeals reversed case remanded proceedings consistent opinion reversed remanded footnotes granted certiorari june august counsel respondents notified respondents become fugitives october directed counsel respondents file brief amicus curiae support affirmance appeals judgment reversal appeals judgment may lead reinstatement respondents convictions respondents fugitive status render case moot see molinaro new jersey per curiam justice stevens adopt rule whenever respondent appellee becomes fugitive render decision must vacate judgment review remand directions dismiss appeal theory supported precedents indeed break recent decision line authority upon dissent relies concerns situation fugitive defendant party seeking review different cases dismissal petition appeal based equitable principle fugitive justice disentitled call upon review conviction see molinaro supra see also estelle dorrough per curiam equitable principle wholly irrelevant defendant conviction nullified government seeks review thus confronted precisely situation florida rodriguez per curiam hesitate reach decide merits case thought decline reach every constitutional issue might become moot denied certiorari cf eisler murphy dissenting case may become moot defendant return distinguish case decide subsequent events may render decision nugatory agent cooke observed vehicles travelling tandem miles area near coast known frequented drug traffickers cooke testified pickup trucks camper shells often used transport large quantities marihuana app savage pickup truck appeared heavily loaded windows camper covered quilted material rather curtains finally vehicles took evasive actions started speeding soon officer thrasher began following marked car see supra perhaps none facts standing alone give rise reasonable suspicion taken together appraised experienced law enforcement officer provided clear justification stop vehicles pursue limited investigation pertinent facts relied dunaway defendant taken private dwelling transported unwillingly police station subjected custodial interrogation resulting confession see appropriate officer thrasher hold savage brief period pending cooke arrival thrasher certain aware facts aroused cooke suspicions highway patrolman lacked cooke training experience dealing narcotics investigations situation realistically said thrasher state patrolman called assist federal agent making stop acted unreasonably release savage based solely limited investigation situation without consent agent cooke even inferred savage attempting elude police drove car thrasher patrol car sharpe pontiac process nearly hitting patrol car see app assumption alter analysis conclusion significance savage actions whether innocent purposeful made necessary thrasher cooke split placed thrasher cooke contact required cooke enlist assistance local police join thrasher savage justice blackmun concurring view respondents fugitive status see ante vacated judgment appeals remanded case directions dismiss respondents appeal district judgment appeals see molinaro new jersey however follow path chooses decide case merits therefore also reach merits join opinion justice marshall concurring judgment join result case evasive actions defendants turned otherwise permissibly brief terry stop prolonged encounter issue write separately however view understates importance terry brevity requirement constitutionality terry stops terry ohio recognized narrowly drawn exception requirement fourth amendment certain seizures person rise level full arrests two justifications supported major development fourth amendment jurisprudence pennsylvania mimms stevens dissenting first legitimate terry stop brief narrowly circumscribed said involve wholly different kind intrusion upon individual freedom traditional arrest terry second circumstances government interest preventing imminent criminal activity substantial enough outweigh privacy interests implicated limited terry stop thus intrusion individual minimal law enforcement interests outweigh privacy interests infringed terry encounter stop based objectively reasonable articulable suspicions rather upon probable cause consistent fourth amendment terry justified terms two rationales made clear subsequent cases example dunaway new york explained terry rested two principles first defined special category fourth amendment seizures substantially less intrusive arrests general rule requiring probable cause make fourth amendment seizures reasonable replaced balancing test second application balancing test led approve narrowly defined less intrusive seizure grounds less rigorous probable cause rank zealous law enforcement values may tempting divorce terry rationales merge two prongs terry single requirement police act reasonably circumstances stop investigate less probable cause cf posner rethinking fourth amendment rev long police acting diligently complete investigation difficult maintain law enforcement goals better served releasing individual brief stop continuing detain long necessary discover whether probable cause established preservation order important society needs law enforcement stand constant tension constitution protections individual certain exercises official power precisely predictability pressures counsels resolute loyalty constitutional safeguards terry must justified makes law enforcement easier terry stop constitute sort arrest constitution requires made upon probable cause reason reviewing terry stop critical threshold issue intrusiveness seizure place supra blackmun concurring judgment regardless efficient may law enforcement officials engage prolonged questioning investigate crime reasonable light law enforcement objectives may detain suspect various inquiries made answered seizure duration scope means goes beyond bounds terry reconciled fourth amendment absence probable cause see dunaway supra legitimate law enforcement interests rise level probable cause simply turn overly intrusive seizure constitutionally permissible one view length stop may make stop sufficiently intrusive unjustifiable absence probable cause arrest terry stops justified part stops rather prolonged seizures stopping differs arrest incompleteness seizure brevity lafave israel criminal procedure consistent rationales make terry stops legitimate recognized several times requirement terry stops brief imposes independent per se limitation extent officials may seize individual less probable cause explicitly held place invalidated search product lengthy detention said length detention alone precludes conclusion seizure reasonable absence probable cause detention sufficient render seizure unreasonable see also hensley detention might well lengthy intrusive exceed permissible limits terry stop florida royer investigative detention must temporary brennan concurring result ny suggestion terry standard justifies anything briefest detentions finds support terry line cases summers supra questioning legality prolonged detention terry stop valid inception may become unduly intrusive personal liberty privacy simply lasting long remains true even valid law enforcement objectives account length seizure requirement terry stops brief matter needs law enforcement particular case buttressed several sound pragmatic considerations first police know must structure terry encounters confirm dispel officer reasonable suspicion brief time police practices adapt minimize intrusions worked encounters cf place supra assure brevity terry airport stops narcotic detection dogs must circumstances kept airport suspect arriving firm adherence requirement stops brief forces law enforcement officials take account start serious constitutionally protected liberty privacy interests implicated terry stops alter official conduct accordingly second per se ban stops brief yields sort objective standards mandated fourth amendment precedents standards avoid placing courts awkward position police constitutes reasonable police practice recognized methods employed terry stop least intrusive means reasonably available verify dispel officer suspicion short period time florida royer supra yet absence per se requirement stops brief defining means least intrusive virtually unmanageable unbounded task whether police acted due diligence function quickly completed investigation almost limitless set alternative ways investigation might completed example case posits officers acted due diligence might acted diligence cooke summoned two rather one highway patrolman assist cooke requisite training experience stopped pickup truck vehicle thought carrying marihuana see generally post brennan dissenting due diligence takes fixed amount resources community willing devote law enforcement officials one community may act due diligence holding individual airport minutes waiting sole narcotics detection dog possess officials several dogs readily available may dilatory prolonging airport stop even minutes constitutional rights vary manner yet absence brevity standard independent actions needs police variance one two inescapable results take seriously requirement police act due diligence require inject issues whether alternative investigative method employed cf one purpose warrant requirement prevent hindsight coloring evaluation reasonableness search seizure better judicially manageable rule per se requirement terry stops brief rule avoid measuring police conduct according virtually standardless yardstick finally dissolving brevity requirement general standard seizure simply reasonable inevitably produce friction resentment among police bound inconsistent confusing decisions schwartz stop frisk crim police may done nothing unreasonable holding motorist one hour waiting registration computer come back line surely prolonged detention unlawful indeed view soon patrolman called learned computer suspect released waiting information circumstance unreasonable simply stop must brief constitutional less probable cause balancing test suggests stop invalid officials crossed line avoided finding balance struck improperly casts certain moral opprobrium official conduct brevity requirement makes clear constitution imposes certain limitations police powers matter reasonably powers exercised distinctions currently plague fourth amendment jurisprudence serve nobody interest new york quarles concurring part dissenting part measuring legitimacy terry stop reasonableness diligence official actions rather intrusiveness stop proliferate distinctions maintaining clarity terry brevity requirement instead breed respect law among police citizens reasons fidelity rationales justify terry stops requires intrusiveness stop measured independently law enforcement needs stop must first found unduly intrusive particularly length proper consider whether law enforcement aims warrant limited investigation ii little occasion specify length stop extended longer justified less probable cause see place seizure long terry adams williams described stop simply brief upheld modest stop usually consumed minute dunaway new york supra hensley drew upon terry characterize permissible stops brief ones florida royer described legitimate terry stop temporary stops upheld cases lasted minutes probable cause established decline adopt outside time limitation permissible terry stop place supra terry stop must brief matter needs authorities agree terry brevity requirement judged stopwatch rather facts particular stops time time takes briefly stop person ask questions check identification hensley supra warranted conduct brief weapons see terry typically minutes view anything beyond short period presumptively de facto arrest presumption overcome showing lengthier detention unduly intrusive reason case example suspects rather police may prolonged stop however overcome simply showing police needs required intrusive stop reason regard american law institute suggested maximum minutes long suggestion terry standard justifies anything briefest detentions limited searches finds support terry line cases royer supra brennan concurring result difficult questions doubt presented minutes officer learns enough increase suspicions enough establish probable cause whatever proper resolution problem least true terry brevity requirement initial encounter provides greater grounds suspicion existed stop individual must free leave minutes permitted initial encounter clear rule provide officials necessary desirable certainty adequately protect important liberty privacy interests upon terry stops infringe iii light principles join opinion offers hodgepodge reasons explain stop issue permissible points told stop longer necessary police acted diligently pursuing investigation seems suggest long stop longer necessary legitimate investigation law enforcement officers stop perfectly lawful see ante argued reasoning puts horse cart failing focus critical threshold question intrusiveness stop particularly length respect question seems one breath chastise appeals concluding length detention alone transform terry stop de facto arrest see ante another breath acknowledges investigative stop continues indefinitely point longer justified investigative stop ante fortunately unnecessary try sort another rationale offered adequately disposes case recognizes delay case attributable almost entirely evasive actions savage sought elude police sharpe moved pontiac side road except savage maneuvers short certainly permissible detention likely taken place ante holding agree savage pulled signalled sharpe savage sharpe subjected permissibly brief terry stop odor marihuana given officers probable cause arrest cooke caught back savage minutes passed cooke smelled marihuana brief minutes savage subjected identification request minimal questioning designed confirm dispel reasonable suspicion causing stop legitimate terry stop circumstances longer limited intrusion entailed brief stop terry allows believe stop permissible suspect actions primary cause prolonging encounter beyond bounds terry brevity requirement ordinarily limits stops nothing necessary decide case suggestions opinion find unwarranted confusing potentially corrosive principles upon terry grounded iv also join opinion reaches decide wholly distinct issue presented capable treated fairly without development factual record appeals assumed without deciding objectively reasonable suspicion criminal activity existed justify stops district listening officers explain basis purported make stop testimony taking pages transcript found legality initial stop present real close question app question presented certiorari petition single word devoted briefs yet construed thinly disguised attempt decide question position atop judicial system concludes appeals assumption arguendo stop legal abundantly supported record ante abundance evident district cf anderson bessemer city ante district credibility determinations entitled strongest deference course proper approach issue illustrated place appeals assumed existence reasonable suspicion certiorari granted question correctly concluded occasion address issue ibid consistency however hardly hallmark current fourth amendment campaigns moreover aside fact issue presented briefed argued parties handling issue reveals defects engaging airy factual inquiry unaided full lower review first ignores relevant evidence relied district latter concluded although question real close initial stop lawful example refer evidence district regarding common pickup truck like driven savage found area see defendant exhibit perhaps stop particular type truck reasonable areas others evidence submitted number trucks area haste validate actions seems suggest pickup trucks camper shells always anywhere items engendering reasonable suspicion second makes inferences concoct facts upon rely uphold initial stop first asserts drivers started speeding soon officer thrasher began following marked car ante suggests respondents sped noticed thrasher seeking evade thrasher however joined caravan least one minute respondents began speeding record addition respondents speed left highway point continued highway speed miles hour campground road posted limit miles hour implication respondents sped noticed thrasher evade officers unsupported common sense record sharpe savage hardly expected evade police closed loop campground speculation noticed thrasher car correct one certainly doubts intentionally attracted attention beginning speed finally district view issue may well colored fact several essentially profile stops made morning including stops four five drive vehicles yet drug arrests made two days pages testimony district concluded reasonableness articulability officers suspicion presented close question today less factual information must rely questionable inferences elicit even facts upon rely one hope act greater restraint speculate whether assumption reasonable suspicion abundantly supported record hope evidently merely idle fancy respect anxious address unpresented issue blithely hurdles jurisdictional jurisprudential principles stand way view record demonstrates lengthy stop issue case permissibly brief respondents efforts evade law enforcement officials accordingly agree judgment way fathom extent majority holding rests basis majority acts unseemly haste decide issues presented join judgment following special law enforcement needs found sufficient justify minimally intrusive stop based reasonable suspicion protective weapons searches terry adams williams border searches illegal aliens cortez airport searches suspected drug trafficking florida royer place mendenhall stops investigate past felonies hensley royer referred stops investigate illegal transactions drugs serious crime never suggested law enforcement objectives investigation possessory offenses outweigh individual interests infringed upon cf brinegar jackson dissenting udicial exceptions fourth amendment depend somewhat upon gravity offense respondents case suspected offloading large quantities drugs vessels recently arrived coast activity place triggers sufficiently special important law enforcement interests justify terry stop stop also unduly intrusive individual moved asked move short distance search extensive necessary protect police objective fear danger tactics amounting custodial interrogation used see dunaway new york kolender lawson brennan concurring majority suggests detention place held long police acted diligently enough view statements quoted text adequately demonstrate length detention alone sufficient invalidate seizure recognized similar point dunaway single familiar standard essential guide police officers limited time expertise reflect balance social individual interests involved specific circumstances confront cf dunaway supra white concurring rules defining appropriate terry stops must fashioned categorical basis rather resolved ad hoc fashion individual police officers least today language cady dombrowski quoted ante effect fourth amendment searches may reasonable even accomplished least intrusive means course wholly inconsistent holding royer cady quite obviously nothing terry stop issue question whether search found legitimate accomplished particular way issue whether police intruded individual substantially need probable cause assume royer holding remains law point mere quotation context cady unsupported argument reasoned discussion meant overrule royer legal reasoning hardly consists finding isolated sentences wholly different contexts using overrule sub silentio prior holdings clear distaste task police ante justice brennan critique cursory way analyzes investigative methods employed case little intention choosing option taking seriously requirement police act due diligence demonstrated lack makes strict brevity requirement important michigan summers noted circumstances valid stop last longer brief time period involved terry adams concurrence today indicates agree length actual stop terry establish firm outer limit beyond valid stop ever go however nothing record summers revealed long stop took stewart dissenting statement summers must read peculiarly unintrusive setting stop took place within defendant residence see infra see ali model code procedure district stated stop took little longer taken created problem record immediately making statement district ruled stop lawful context statement made direct response government argument case less stand facts defendants cause overly lengthy detention little doubt referred defendants district issued express findings fact statement like statements relied define underlying facts must read light faithful context uttered question presented whether odor creates probable cause also justifies warrantless search see johnson dors alone authorize search without warrant issue decided johns warrantless search justified automobile exception created ross course disagree theory ross see marshall dissenting concur judgment question presented validity warrantless search seizure bales removed truck driven savage justice brennan dissenting respondent william sharpe passenger pulled side highway concededly without probable cause held minutes much time back seat police cruiser ultimately arrested informed charges meantime respondent donald savage stopped mile road also according without probable cause ordered pickup truck gunpoint frisked questioned detaining patrolman kenneth thrasher suspected shipment marihuana vehicle although savage repeatedly asked released thrasher held almost minutes dea agent luther cooke officer stopped sharpe back road arrive sniff vehicle windows determine whether smell suspected marihuana thrasher later conceded savage custodial arrest entire time record today concludes lengthy detentions constituted reasonable investigative stops within meaning terry ohio explains although length investigative stop made without probable cause may point become excessive violate fourth amendment primary inquiry must nevertheless whether investigating officers acted diligently pursuing stop longer necessary legitimate investigation law enforcement officers ante reasons terry brevity requirement fact concept may expanded outward depending law enforcement purposes served stop ante applying analysis instant case concludes lengthy detentions sharpe savage reasonable delay fault savage contends sought elude police speeding away signaled stop savage taken evasive actions agent cooke questioned sharpe savage together short certainly permissible detention likely taken place ante dissent previously expressed views permissible scope duration terry stops need recount views detail today see place brennan concurring result kolender lawson brennan concurring florida royer brennan concurring result write length however believe opinion illustrates several disturbing trends disposition cases involving rights citizens accused crime first increasingly tends reach decide issues facts case recounts example propriety lengthy detentions appear governed terry line cases opinion therefore little pages dicta second late shows increasing eagerness make purely factual findings first instance convenient support desired result example conclusion case savage sought elude police de novo factual determination resting record ambiguous best finally criminal cases increasingly evaded plain requirements precedents stand way judgment government terry stop upheld example government must show minimum least intrusive means reasonably available used carrying stop florida royer supra opinion white government made showing bald assertion learly case involve delay unnecessary legitimate law enforcement ante completely undermined record us portrays circumstances leading detentions studied flourish sharpe savage stopped told took evasive actions started speeding soon officer thrasher began following marked car ante two signaled stop savage pickup truck cut pontiac thrasher patrol car nearly hitting patrol car continued highway ante savage words sought elude police sharpe moved pontiac side road ante result savage evasive actions maneuvers thrasher chase leave agent cooke sharpe thereby laying groundwork challenged delay ibid facts relates readily apparent insists using case vehicle expanding outer bounds terry investigative stops thought rather well established police officers reasonably suspect individual may engaged criminal activity individual deliberately takes flight officers attempt stop question officers generally longer mere reasonable suspicion probable cause arrest see peters new york decided together sibron new york companion case terry eliberately furtive actions flight approach strangers law officers strong indicia mens rea coupled specific knowledge part officer relating suspect evidence crime proper factors considered decision make arrest see also kolender lawson supra brennan concurring ome reactions individuals properly limited terry encounter flight may often provide necessary information addition officers already possess constitute probable cause henry suspicious circumstances ripen probable cause defendants movements car mark fleeing men men acting furtively husty prompt attempt escape hailed officers coupled suspicious evidence ripened probable cause course flight alone give rise probable cause must coupled reasonable articulable suspicion see lafave search seizure act flight must reasonably appear response presence authorities however accepts questionable premise officers already reasonable suspicion decided stop vehicles boldly concludes sharpe savage started speeding thrasher approach savage sought elude police thrasher attempted stop savage took evasive actions ante thus facts describes inclined view detention reasonableness stops terry appear us failure even consider question probable cause baffling ultimately keeping recent practice terry cases reaching far beyond required resolve cases hand immediately impose views without bother abiding necessarily gradual pace decisionmaking see place brennan concurring result florida royer brennan concurring result ii opinion flawed another critical respect discussion savage purported attempt elude police amounts nothing de novo factual finding made record best hopelessly ambiguous neither district appeals ever found savage actions constituted evasion flight nevertheless engage de novo factfinding submit taken insufficient account several factors first savage actions continuing drive highway well entirely consistent driver sees police hail someone front side road sharpe pontiac least several car lengths front savage pickup truck thrasher thought separation car length two cooke testified distance anywhere feet record approaching lane thrasher pulled even sharpe lead vehicle turned blue light blew siren motioned pull emphasis added savage moved right lane avoid hitting thrasher slowing along sharpe continued way neither cooke thrasher ever testified savage sought elude nothing necessarily inconsistent actions motorist happens behind vehicle pulled side road view record strongly reinforced thrasher inability stand give responsive answer question say pickup truck attempting allude sic passed thinking stopped car thrasher replied nonanswer ell across partially two lanes got lane ibid observation made motorist driving finally ail ure stop motor vehicle signaled vehicle independent traffic violation south carolina thrasher testified savage guilty number traffic violations asked specify violations enumerated savage speeding campground pickup truck improper license tags savage fact signaled stop truck taken evasive actions sought elude police ante find curious thrasher include actions litany savage traffic offenses none factors singularly together show beyond doubt savage proceeded innocently past stop sharpe given government burden prove facts justifying duration investigative detention florida royer supra opinion white given courts never found savage sought elude authorities conclusion contrary extremely disturbing believe citizens deemed forfeited important fourth amendment safeguards basis cold record ambiguous one us today opinion unfortunately representative growing number instances willing make de novo factual findings criminal cases convenient support decisions even time inclination engage conscientious detailed examination record required fairly making purely factual judgments sort hasting stevens concurring judgment exercises authority nevertheless improper institutional role context focused resolving important questions federal law ensuring clarity uniformity legal doctrine young ante brennan concurring part dissenting part rather serving prosecution factfinder last resort iii shown savage sought elude police agree constitutional propriety detentions governed terry progeny precedents lead inexorably conclusion investigative actions issue violated fourth amendment fourth circuit emphasized lengthy detentions sharpe savage accord terry threshold brevity requirement even length detentions alone compel affirmance fourth circuit judgment today evaded requirement terry precedents investigative methods employed least intrusive means reasonably available verify dispel officer suspicion short period time government bears burden demonstrating objectively infeasible investigate expeditious way florida royer opinion white record us demonstrates least four reasons government carried burden first assuming savage break away officers taking evasive actions elude instance terry case government demonstrated two trained law enforcement officers driving separate vehicles equipped flashing lights carried stop pontiac pickup truck manner ensure vehicles stopped together reasonable methods bringing proximate stop two vehicles readily come mind methods particularly important assumes officers knew cooke capable carrying investigation second officers believed suspected marihuana savage pickup truck cooke capable investigating presence marihuana loss cooke follow truck leave thrasher pontiac rather vice versa third government offered plausible explanation thrasher trained south carolina highway patrolman carried limited terry investigation savage pickup truck however makes bold de novo factual finding contrary appropriate officer thrasher hold savage brief period pending cooke arrival thrasher certain aware facts aroused cooke suspicions highway patrolman lacked cooke training experience dealing narcotics investigations ante finally record strongly suggests delay may attributable large measure poor investigative coordination botched communications part dea drug enforcement agents swarming throughout immediate area morning savage sharpe detained conducting numerous roadblocks profile stops campers recreational vehicles similar savage see supra even accepting dubious premise highway patrolman somehow incapable carrying simple investigative stop clear cooke followed sharpe savage minutes knowing stop offing obtained assistance dea agents fact precisely attempted repeatedly tried contact area dea headquarters complained police radio ca raise anybody else right defendant ex transcription asked local police dispatcher telephone dea office ask anybody contact dea frequency dispatcher reported line busy local police units sent headquarters tell people get telephone units arrived learned one mar vista motel ibid additional units sent motel get people sack ibid agents apparently eventually located motel pancake house time cooke returned pontiac complete arrests several dea agents waiting assist record meantime course cooke request thrasher local backup far demonstrating investigative stops carried expeditious way using reasonably available investigative methods florida royer opinion white record case therefore strongly suggests custodial detentions accurately characterized resulting hopelessly bungled communications thrasher unwillingness tread cooke investigative turf mean suggest cooke thrasher bore entire blame delays cooke fault dea backups apparently sleeping eating breakfast rather monitoring radios calls thrasher might well felt place carry investigation apparently fully capable conducting constitutional rights easily balanced away simply individual officers may subjectively acting good faith especially objective evaluation facts suggests unnecessarily intrusive exercise police power must remember fourth amendment values stake framers understood ncontrolled search seizure one first effective weapons arsenal every arbitrary government mong deprivations rights none effective cowing population crushing spirit individual putting terror every heart brinegar jackson dissenting framers accordingly provided individuals shall arrested detained probable cause standard roots deep history henry grounded practical nontechnical conception affording best compromise found accommodating often opposing interests effective law enforcement individual rights brinegar supra requiring arrests made probable cause framers sought preclude custodial detentions resulting solely common rumor report suspicion even strong reason suspect henry supra terry progeny depart safeguard sorts limited intrusions wrought encounters fall far short kind intrusion associated arrest dunaway new york detaining officers therefore may briefly question individuals ask explain suspicious circumstances detention search must based consent probable cause emphasis added terry brevity requirement thus functions important constitutional safeguard prevents investigative stop transformed custodial detention merely law enforcement purposes served stop considered important ante absent rigorously enforced brevity requirement terry rationale threaten swallow general rule fourth amendment seizures reasonable based probable cause dunaway new york supra justice marshall cogently discusses today brevity requirement also serves compel law enforcement agencies structure terry encounters employing resources methods necessary minimize intrusions worked encounters ante concurring judgment similarly royer requirement prosecution demonstrate terry stop carried expeditious way using reasonably available investigative methods opinion white operates ensure law enforcement agencies commit manpower training resources necessary guarantee investigative detentions carried least intrusive manner possible may protest requirements impede unduly law enforcement surely reasonable tradeoffs authority seize detain citizens less probable cause may tempting relax requirements defendant believed guilty standards prescribe guilty define authority police detaining innocent well cf brinegar supra jackson dissenting search brinegar car must regarded search car everyman connection particularly disturbed suggestion might constitutionally reasonable highway patrolman hold motorist terry suspicion pending arrival officer training experience ante course correct emphasizing cooke much expert drug detection thrasher imagine great many roadside stop situations might make good police sense detaining officer hold motorist indefinitely without probable cause officer expert interrogator drive city conduct brief questioning authorized terry experienced sergeant summoned render second opinion trained narcotics dog owned adjacent county driven sniff around windows also imagine circumstances given limited number patrol cars community officer might prefer handcuff person stopped investigative questioning lamppost officer responded emergency call actions might preferable law enforcement standpoint framers enact fourth amendment investigative powers authorities however curtail terry exception safeguard must expanded point constitutionality citizen detention turns whether individual officers coping best given inadequate training marginal resources negligent supervision botched communications precedents require demonstration government infeasible conduct training ensure smooth communications commit sort resources minimized intrusions place florida royer opinion white today evaded requirements failed even acknowledge evidence bungling miscommunication reasonable investigative alternatives pronounced simply individual officers acted diligently ante thus moved step two appears emerging tendency part convert terry decision general statement fourth amendment requires seizure reasonable place supra blackmun concurring judgment balancing process judicial thumb apparently planted firmly law enforcement side scales iv justice douglas lone dissenter terry warned powerful hydraulic pressures throughout history bear heavily water constitutional guarantees give police upper hand hydraulic pressures readily apparent outcome case eschewed narrow grounds decision expand bounds terry engaged questionable de novo factfinding violation proper mission either ignored misconstrued numerous factors record call question reasonableness custodial detentions evaded requirements squarely governing precedents breed decisionmaking breaches faith high constitutional duty prevent wholesale intrusions upon personal security citizenry davis mississippi dissent concurring plurality result royer argued fourth amendment requires even stringent standard lawful stop must strictly limited difficult conceive less intrusive means effective accomplish purpose stop see generally lafave search seizure already exists significant degree suspicion concerning particular person flight individual upon approach police may taken account may well elevate suspicion requisite fourth amendment level probable cause representative federal state cases applying principle include event transformed agents reasonable suspicion probable cause martinez manifestation guilt evidenced flight agents back apartment agents approached talk green app gomez cert denied vasquez cert denied people amick cal app cal rptr people holdman cert denied commonwealth ortiz mass people kreichman attempt stop vehicle reasonable suspicion followed chase created probable cause commonwealth dennis super otherwise anyone desire talk police either walks runs away always subject legal arrest hardly countenanced fourth fourteenth amendments lafave supra quoting margeson supp ed compare wong sun hen officer insufficiently unclearly identifies office mission occupant flight door must regarded ambiguous conduct people amick supra cal police right assume time driver passengers knew law enforcement officials wanted talk upon pursued black white unit officer kapphahn red spotlight siren little doubt occupants knew pursued officers although failed stop continued quarter mile forced stop see infra south carolina code provides shall unlawful motor vehicle driver driving road street highway state fail stop signaled vehicle means siren flashing light attempt increase speed vehicle manner avoid pursuing vehicle signaled siren flashing light shall constitute prima facie evidence violation section appeals discuss issue one way closest district came passing question ambiguous statement colloquy stop took little longer taken created problem record reference arguably sharpe savage construction tenuous given previous comment stop took longer taken seems addressed actions officers government quite properly never sought distill ambiguous remark finding savage took evasive actions sought elude police see oregon elstad ante brennan dissenting young ante brennan concurring part dissenting part hasting stevens concurring judgment like justice marshall ante concurring judgment understand feels compelled decide district finding reasonable suspicion abundantly supported record ante appeals merely assumed finding proper sake analysis question presented consideration district considered issue real close question emphasized great reluctance merits found government barely established reasonable suspicion greater weight evidence shown sufficient suspicion beyond reasonable doubt record taken insufficient account several factors first detentions little profile stops similar numerous stops campers recreational vehicles carried dea general area day question none questionable profile stops turned evidence wrongdoing see also dea set roadblocks particular area stop number vehicles roadblocks second nothing record support assertion sharpe savage started speeding soon officer thrasher began following marked car ante see ante marshall concurring judgment extent suggests attempting speed away thrasher approach factual finding inconsistent thrasher concession sharpe savage stopped every stop sign traffic light encountered lawful conduct hardly comports notions attempt elude authorities record finally appears strongly reason profile stops made cooke reasonable suspicions hardened run gas see defendant ex pp cooke discussion thrasher police radio going pretty quick go gas want try run like take pontiac anything go normal suspicion like least driver passenger district perceptively observed possibly sic basic reason stopping cooke run gas record fourth circuit held length detentions effectively transformed de facto arrests without bases probable cause unreasonable seizures fourth amendment officer thrasher conceded savage custodial arrest entire stop record far merely brief narrowly circumscribed intrusions authorized terry line authority detentions important respects indistinguishable traditional arrest exception cover seizure intrusive case threaten swallow general rule fourth amendment seizures reasonable based probable cause dunaway new york see also ante marshall concurring judgment previously argued believe absence less intrusive means make otherwise unreasonable stop reasonable florida royer concurring result see also supra thrasher driving marked police car cooke unmarked vehicle carried portable flashing light attached dash see record stand officers disagreed one responsible questionable decision cooke supposedly officer charge insisted thrasher told get pontiac ibid thrasher hand maintained cooke said stay pontiac conway highway patrol dispatch communications transcript demonstrates thrasher told cooke ake pontiac get truck defendant ex see transcription exchanges discussing known offloading marihuana night vehicles movements appearance vehicles record cooke conversed thrasher attempted tell encountered cooke asked professional opinion way truck riding thrasher responded loaded got load something cooke replied enough reason stop thrasher answered affirmative say word defendant ex see also record thrasher suspected truck may marihuana camper windows covered quilts camper appeared overloaded thrasher knew truck suspected carrying marihuana fourth circuit assumed without deciding odor raw marijuana may provide probable cause search vehicle legitimately stopped justice marshall notes question presented case whether odor creates probable cause also justifies warrantless search ante concurring judgment see johns brennan dissenting cooke claimed smelled marijuana savage asked thrasher opinion see record remember savage saying cooke smell marijuana let get second opinion officer remember talking getting second opinion yes sir believe might thrasher recall follow request responded insisting thrasher certain aware facts therefore justified detaining savage indefinitely ante pointed anything support bald de novo finding squarely contradicted record see supra addition reasoning flies directly face fourth amendment requires authorities ground conduct known time actions rather might subsequently turn see henry arrest justified subsequent search discloses johnson unprecedented suggestion contrary threatens obliterate one fundamental distinctions form government officers law law ibid enough thrasher possessed whatever reasonable suspicion cooke fully position conduct sniffing investigation cooke later undertook response dissent offers several justifications failure consult record making de novo factual determinations first asserts judges indulge unrealistic police conduct ante nothing unrealistic requiring police officers pursue least intrusive means reasonably available detaining citizens less probable cause florida royer opinion white duty courts every fourth amendment case determine whether police conduct satisfied constitutional standards moreover public understandably perplexed ignores record refuses engage police conduct challenged simultaneously engages defendant conduct necessary ensure verdict government addition attempts slip astonishing assertion even textual discussion savage actions completely untrue alter analysis conclusion ante emphasis added contends whether innocent purposeful savage conduct made necessary length detentions ibid emphasis added authorities reasonably carry stops however savage continued driving innocent conduct ibid logically constitutionally intolerable hold savage waived important fourth amendment rights events innocent fault cf leon brennan dissenting noting increasing resort analyses costs excluding illegally obtained evidence loom exaggerated heights benefits exclusion made disappear mere wave hand justice stevens dissenting respondents fugitives status raises procedural question significance merits somewhat questions government petition certiorari presented procedural question important escapes persons engaged lucrative business smuggling narcotics apparently uncommon fugitive status litigants may impact disposition case defendant escapes remains large appeal pending appeal normally dismissed century ago smith explained rationale type disposition clearly within discretion refuse hear criminal case error unless convicted party suing writ made respond judgment may render case admitted plaintiff error escaped within control either actually custody constructively bail affirm judgment likely appear submit sentence reverse order new trial appear may consider interest circumstances inclined hear decide may prove moot case record establishes respondents apprehended engaged serious flagrant violation law appeal appeals based claim evidence guilt obtained unlawful search claim even meritorious establishes neither lack culpability fundamental unfairness trial process therefore entirely appropriate conclude fugitives litigants accorded standing advance claim appeal true escaped appeal pending appeals neither litigants made respond judgment may render judgment appeals conclusion respondents appeal meritorious make difference ultimate outcome every application smith rule necessarily assumes appeal may meritorious moreover appeals ruling respondents favor preclude possibility disagree short purpose deciding whether smith rule applies believe merits appeal entirely disregarded ante reversal appeals judgment may lead reinstatement respondents convictions respondents fugitive status render case moot agree case technically moot escape however may compromise adversary character litigation lawyer escapee presumably lost contact client desire vindicate faithless client may less zealous noted normal control one parties case risk adversary process function effectively counsels deciding merits case kind correct disposition case believe treat though respondents escape mooted appeal vacate judgment appeals direct appeal judgment district dismissed consequences escape occurred advance appeals decision moreover vacating judgment government interest eliminating precedent challenged certiorari petition vindicated finally disposition make unnecessary decide constitutional question presented matter paramount importance one adverse consequence disposition propose deprive opportunity write opinion fourth amendment case summary disposition case serve interest providing additional guidance law enforcement community regarding interest paramount support wholesale adoption practice rendering advisory opinions request executive practice abjured beginning history instead opted policy judicial restraint studiously avoiding unnecessary adjudication constitutional questions correct implementation policy submit requires predicate disposition case respondents fugitive status accordingly respectfully dissent government petition grant writ certiorari filed september granted june may respondent sharpe counsel wrote letter stated date sharpe fugitive status charges northern district georgia state north carolina see letter mark kadish alexander stevas clerk may subsequently july judge sol blatt district district south carolina entered two orders forfeiting bonds respondents see motion proceed forma pauperis william harris sharpe donald davis savage exhibit solicitor general attorney office advised department justice best knowledge respondents remain fugitives reply brief government petition posed following questions whether law enforcement officers may temporarily detain individual reasonably suspected criminal activity period brief exceeding minutes reasonably necessary pursue circumscribed investigation suspected criminal activity whether assuming initial phase either respondent detention unduly extended illegality mandates suppression large shipment marijuana distinct odor discovered immediately thereafter respondent savage vehicle pet cert see florida rodriguez per curiam holmes cert denied wood sperling cert denied molinaro new jersey per curiam case also discussed opinion issued five years earlier molinaro new jersey supra regarding opinion wrote thus molinaro new jersey dismissed appeal escaped criminal defendant stating persuasive reason exists adjudicate merits case escape disentitles defendant call upon resources determination claims see supra cf stone powell cf walder smith government disagrees proposes reverse judgment appeals disagree merits however agree appeals merits government vacate judgment appeals remand case directions dismiss appeals prejudice reply brief expressly endorsed government heads win tails lose position see molinaro new jersey see supra cf munsingwear rescue army municipal los angeles spector motor service mclaughlin one doctrine deeply rooted process constitutional adjudication pass questions constitutionality unless adjudication unavoidable ashwander tva brandeis concurring pass upon constitutional question although properly presented record also present ground upon case may disposed burton habit decide questions constitutional nature unless absolutely necessary decision case characteristically matter simply ignores see ante florida rodriguez per curiam relies neither litigants based argument respondent fugitive status moreover inappropriate vacate judgment florida supervisory power state courts however thus overlooked important differences cases come us state tribunals arise federal system stevens dissenting see also secretary state maryland joseph munson stevens concurring reliance also misplaced point justice stewart made respondent case fugitive making point justice stewart implicitly assumed doctrine smith supra apply case fugitive respondent well one fugitive petitioner see hayburn case dall following decision made clear series letters constitutional practice rendering advisory opinions correspondences began july thomas jefferson secretary state wrote following letter chief justice john jay associate justices gentlemen war taken place among powers europe produces frequent transactions within ports limits questions arise considerable difficulty greater importance peace questions depend solution construction treaties laws nature nations laws land often presented circumstances give cognisance tribunals country yet decision little analogous ordinary functions executive occasion much embarrassment difficulty president therefore much relieved found free refer questions description opinions judges whose knowledge subject secure us errors dangerous peace authority insure respect parties therefore asked attendance judges collected time occasion know first place opinion whether public may propriety availed advice questions may present advice abstract questions already occurred may soon occur strike circumstances might opinion forbid pronounce honour sentiments perfect respect gentlemen obedient humble servant thos jefferson attached letter behalf president washington questions see writings george washington fitzpatrick ed two days later chief justice jay associate justices penned following president washington sir taken consideration letter written us direction secretary state question whether public may propriety availed advice judges questions alluded appears us much difficulty well importance affects judicial department feel reluctance decide without advice participation absent brethen occasion induced convened doubtless urgent degree urgency judge consequently propose answer question postponed sitting disposed desirous promote welfare country every way may consist official duties pleased sir every opportunity manifesting respect solicitous whatever may power render administration easy agreeable country circumstances forbid delay immediately resume consideration question decide honour perfect respect obedient humble servants correspondence public papers john jay johnston ed gentlemen circumstances induced ask counsel certain legal questions interesting public exist means press decision whereon wish advice participation absent brethen whenever therefore presence shall enable give satisfaction shall accept pleasure sentiments high respect writings george washington fitzpatrick ed sir considered previous question stated letter written direction us secretary state last month regarding lines separation drawn constitution three departments government certain respects checks upon judges last resort considerations afford strong arguments propriety deciding questions alluded especially power given constitution president calling heads departments opinions seems purposely well expressly executive departments exceedingly regret every event may cause embarrassment administration derive consolation reflection judgment discern right usual prudence decision firmness surmount every obstacle preservation rights peace dignity honour perfect respect sir obedient humble servants correspondence public papers john jay johnston ed emphasis original