illinois wardlow argued november decided january respondent wardlow fled upon seeing caravan police vehicles converge area chicago known heavy narcotics trafficking officers nolan harvey caught street nolan stopped conducted protective search weapons experience usually weapons vicinity narcotics transactions discovering handgun officers arrested wardlow illinois trial denied motion suppress finding gun recovered lawful stop frisk convicted unlawful use weapon felon reversing state appellate found nolan reasonable suspicion make stop terry ohio state affirmed determining sudden flight high crime area create reasonable suspicion justifying terry stop flight may simply exercise right go one way see florida royer held officers actions violate fourth amendment case involving brief encounter citizen police officer public street governed terry officer reasonable articulable suspicion criminal activity afoot may conduct brief investigatory stop reasonable suspicion less demanding standard probable cause must least minimal level objective justification stop individual presence high crime area standing alone enough support reasonable particularized suspicion criminal activity location characteristics relevant determining whether circumstances sufficiently suspicious warrant investigation adams williams case moreover also wardlow unprovoked flight aroused officers suspicion nervous evasive behavior another pertinent factor determining reasonable suspicion headlong flight consummate act evasion reviewing propriety officer conduct courts available empirical studies dealing inferences suspicious behavior reasonably demand scientific certainty none exists thus reasonable suspicion determination must based commonsense judgments inferences human behavior see cortez officer nolan justified suspecting wardlow involved criminal activity therefore investigating holding consistent decision florida royer supra individual approached right ignore police go business unprovoked flight exact opposite going one business flight necessarily indicative ongoing criminal activity terry recognized officers detain individuals resolve ambiguities conduct thus accepts risk officers may stop innocent people learn facts rising level probable cause individual must allowed go way case officers found wardlow possessed handgun arrested violating state law propriety arrest pp reversed remanded rehnquist delivered opinion scalia kennedy thomas joined stevens filed opinion concurring part dissenting part souter ginsburg breyer joined illinois petitioner william aka sam wardlow writ certiorari illinois january chief justice rehnquist delivered opinion respondent wardlow fled upon seeing police officers patrolling area known heavy narcotics trafficking two officers caught stopped conducted protective search weapons discovering handgun officers arrested wardlow hold officers stop violate fourth amendment constitution september officers nolan harvey working uniformed officers special operations section chicago police department officers driving last car four car caravan converging area known heavy narcotics trafficking order investigate drug transactions officers traveling together expected find crowd people area including lookouts customers caravan passed west van buren officer nolan observed respondent wardlow standing next building holding opaque bag respondent looked direction officers fled nolan harvey turned car southbound watched ran gangway alley eventually cornered street nolan exited car stopped respondent immediately conducted protective search weapons experience common weapons near vicinity narcotics transactions frisk officer nolan squeezed bag respondent carrying felt heavy hard object similar shape gun officer opened bag discovered handgun five live rounds ammunition officers arrested wardlow illinois trial denied respondent motion suppress finding gun recovered lawful stop frisk app following stipulated bench trial wardlow convicted unlawful use weapon felon illinois appellate reversed wardlow conviction concluding gun suppressed officer nolan reasonable suspicion sufficient justify investigative stop pursuant terry ohio app illinois agreed rejecting appellate conclusion wardlow high crime area illinois determined sudden flight area create reasonable suspicion justifying terry stop relying florida royer explained although police right approach individuals ask questions individual obligation respond person may decline answer simply go way refusal respond alone provide legitimate basis investigative stop determined flight may simply exercise right go one way thus constitute reasonable suspicion justifying terry stop illinois also rejected argument flight combined fact occurred high crime area supported finding reasonable suspicion high crime area factor sufficient standing alone justify terry stop finding independently suspicious circumstances support investigatory detention held stop subsequent arrest violated fourth amendment granted certiorari reverse case involving brief encounter citizen police officer public street governed analysis first applied terry terry held officer may consistent fourth amendment conduct brief investigatory stop officer reasonable articulable suspicion criminal activity afoot terry supra reasonable suspicion less demanding standard probable cause requires showing considerably less preponderance evidence fourth amendment requires least minimal level objective justification making stop sokolow officer must able articulate inchoate unparticularized suspicion criminal activity terry supra nolan harvey among eight officers four car caravan converging area known heavy narcotics trafficking officers anticipated encountering large number people area including drug customers individuals serving lookouts app context officer nolan decided investigate wardlow observing flee individual presence area expected criminal activity standing alone enough support reasonable particularized suspicion person committing crime brown texas officers required ignore relevant characteristics location determining whether circumstances sufficiently suspicious warrant investigation accordingly previously noted fact stop occurred high crime area among relevant contextual considerations terry analysis adams williams case moreover merely respondent presence area heavy narcotics trafficking aroused officers suspicion unprovoked flight upon noticing police cases also recognized nervous evasive behavior pertinent factor determining reasonable suspicion florida rodriguez per curiam sokolow supra headlong flight wherever occurs consummate act evasion necessarily indicative wrongdoing certainly suggestive reviewing propriety officer conduct courts available empirical studies dealing inferences drawn suspicious behavior reasonably demand scientific certainty judges law enforcement officers none exists thus determination reasonable suspicion must based commonsense judgments inferences human behavior see cortez conclude officer nolan justified suspecting wardlow involved criminal activity therefore investigating holding entirely consistent decision florida royer held officer without reasonable suspicion probable cause approaches individual individual right ignore police go business id refusal cooperate without furnish minimal level objective justification needed detention seizure florida bostick unprovoked flight simply mere refusal cooperate flight nature going one business fact opposite allowing officers confronted flight stop fugitive investigate quite consistent individual right go business stay put remain silent face police questioning respondent amici also argue innocent reasons flight police therefore flight necessarily indicative ongoing criminal activity fact undoubtedly true establish violation fourth amendment even terry conduct justifying stop ambiguous susceptible innocent explanation officer observed two individuals pacing back forth front store peering window periodically conferring terry conduct lawful also suggested individuals casing store planned robbery terry recognized officers detain individuals resolve ambiguity allowing detentions terry accepts risk officers may stop innocent people indeed fourth amendment accepts risk connection drastic police action persons arrested detained probable cause believe committed crime may turn innocent terry stop far minimal intrusion simply allowing officer briefly investigate officer learn facts rising level probable cause individual must allowed go way case officers found respondent possession handgun arrested violation illinois firearms statute question propriety arrest us judgment illinois reversed cause remanded proceedings inconsistent opinion ordered illinois petitioner william aka sam wardlow writ certiorari illinois january justice stevens justice souter justice ginsburg justice breyer join concurring part dissenting part state illinois asks announce rule authorizing temporary detention anyone flees mere sight police officer brief petitioner respondent counters asking us adopt opposite per se rule fact person flees upon seeing police never sufficient justify temporary investigative stop kind authorized terry ohio brief respondent today wisely endorses neither per se rule instead rejects proposition flight necessarily indicative ongoing criminal activity ante adhering view concept reasonable suspicion readily even usefully reduced neat set legal rules must determined looking totality circumstances whole picture sokolow internal quotation marks citation omitted abiding framework concludes officer nolan justified suspecting wardlow involved criminal activity ante although agree rejection per se rules proffered parties unlike persuaded case brief testimony officer seized respondent justify conclusion reasonable suspicion make stop discussing specific facts case shall comment parties requests per se rule terry ohio first recognized police officer may appropriate circumstances appropriate manner approach person purposes investigating possibly criminal behavior even though probable cause make arrest authority permitting officer stop briefly detain person investigative purposes sokolow approved well reasonable search weapons protection police officer reason believe dealing armed dangerous individual regardless whether probable cause arrest individual crime terry cognizant police intrusion never received constitutional imprimatur less probable cause reflected upon magnitude departure endorsing even limited search said constitutes severe though brief intrusion upon cherished personal security must annoying frightening perhaps humiliating experience accordingly recognized narrowly drawn authority limited necessary discovery weapons officer conducting investigatory stop explained must articulate particularized objective basis suspecting particular person stopped criminal activity cortez determination admonished becomes meaningful assured point conduct charged enforcing laws subjected detached neutral scrutiny judge must evaluate reasonableness particular search seizure light particular circumstances terry undertaking neutral scrutiny based circumstances relies certain commonsense conclusions human behavior cortez see also ante relevant inquiry concerning inferences conclusions draws whether particular conduct innocent guilty degree suspicion attaches particular types noncriminal acts sokolow question case concerns degree suspicion attaches person flight precisely commonsense conclusions drawn respecting motives behind flight pedestrian may break run variety reasons catch friend block two away seek shelter impending storm arrive bus stop bus leaves get home time dinner resume jogging pause rest avoid contact bore bully simply answer call nature might coincide arrival officer vicinity pedestrian might also run sighted one police officers latter instance state properly points fleeing person may inter alia escapee jail wanted warrant possession contraband drugs weapons stolen goods etc someone committed another type crime brief petitioner short unquestionably circumstances person flight suspicious undeniably instances person runs entirely innocent reasons given diversity frequency possible motivations flight profoundly unwise endorse either per se rule inference reasonably draw motivation person flight rather depend number different circumstances factors time day number people area character neighborhood whether officer uniform way runner dressed direction speed flight whether person behavior otherwise unusual might relevant specific cases number variables surely sufficient preclude either rule always justifies never justifies investigative stop based sole fact flight began police officer appeared nearby still illinois presses per se rule regarding unprovoked flight upon seeing clearly identifiable police officer phrase upon seeing used illinois apparently assumes flight motivated presence police officer illinois contends unprovoked flight extreme reaction innocent people simply flee mere sight police sure illinois concedes innocent person even one distrustful police might avoid eye contact even sneer sight officer justify terry stop sort per se inference illinois insists unprovoked flight altogether different behavior aberrant abnormal per se inference justified even assuming know person runs sees police inference drawn may still vary case case flight escape police detection said may entirely innocent motivation matter common knowledge men entirely innocent sometimes fly scene crime fear apprehended guilty parties unwillingness appear witnesses true accepted axiom criminal law wicked flee man pursueth righteous bold lion innocent men sometimes hesitate confront jury necessarily fear jury protect wish names appear connection criminal acts humiliated obliged incur popular odium arrest trial wish put annoyance expense defending alberty addition concerns reasonable person may conclude officer sudden appearance indicates nearby criminal activity criminal activity also substantial element danger either criminal confrontation criminal police considerations lead innocent understandable desire quit vicinity speed among citizens particularly minorities residing high crime areas also possibility fleeing person entirely innocent without justification believes contact police dangerous apart criminal activity associated officer sudden presence person unprovoked flight neither aberrant abnormal moreover concerns fears known police officers validated law enforcement investigations practices accordingly evidence supporting reasonableness beliefs pervasive dismissed random rare persuasive disparaged inconclusive insufficient event require scientific certainty commonsense conclusion unprovoked flight sometimes indicate suspicious motives see ante neither require scientific certainty conclude unprovoked flight occur innocent reasons probative force inferences drawn flight function varied circumstances occurs sometimes inferences entirely consistent presumption innocence sometimes justify investigation sometimes justify immediate stop search weapons considerations led us avoid categorical rules concerning person flight presumptions drawn therefrom things distinguish enlightened system judicature rude barbarous one manner deal evidence former weighs testimony whilst latter conscious perhaps inability careless consequences error times rejects whole portions en masse others converts pieces evidence rules law investing conclusive effect whose probative force found general considerable ancestors observing guilty persons usually fled justice adopted hasty conclusion guilty old law man fled avoid tried felony forfeited goods even though acquitted modern times correct views prevailed evasion flight justice seems nearly reduced true place administration criminal law namely circumstance fact always importance take consideration combined others may afford strong evidence guilt like piece presumptive evidence equally absurd dangerous invest infallibility hickory internal quotation marks omitted unprovoked flight short describes category activity broad varied permit per se reasonable inference regarding motivation activity innocent explanations surely establish fourth amendment always violated whenever someone stopped solely basis unprovoked flight neither suspicious motivations establish fourth amendment never violated terry stop predicated fact alone reasons surely correct refusing embrace either per se rule advocated parties totality circumstances always must dictate result ii guided test concludes officer nolan reasonable suspicion stop respondent ante respect view differs entire justification stop articulated brief testimony officer nolan facts perfectly clear others factual insufficiency leads conclude judgment mistaken respondent wardlow arrested minutes noon september nolan part caravan patrol team officers headed one areas district chicago high narcotics traffic app reason four cars caravan ormally different areas enormous amount people sometimes lookouts customers ibid officer nolan testified uniform day recall whether driving marked unmarked car officer nolan partner last four patrol cars caravaning eastbound van buren nolan first observed respondent front west van buren wardlow looked direction began fleeing nolan began driving southbound street observing respondent running gangway alley southbound observed wardlow carrying white opaque bag arm car turned south intercepted respondent ran right towards us officer nolan stopped conducted protective search revealed bag respondent arm contained loaded handgun terse testimony noticeable fails reveal though asked whether marked unmarked car officer nolan recall answer asked whether three cars caravan marked whether seven officers uniform though explained size caravan ormally different areas enormous amount people sometimes lookouts customers officer nolan testify whether anyone besides wardlow nearby west van buren clear address intended destination caravan appellate illinois interpreted record appears officers simply driving way unidentified location noticed defendant standing west van buren app officer nolan testimony also reveal fast officers driving indicate whether saw respondent notice patrol cars say whether caravan part already passed wardlow began run indeed appellate thought record even vague support inference defendant flight related expectation police focus presumably respondent react first three cars even sure recognized occupants fourth police officers adverse inference based entirely officer statement looked direction began fleeing app factors sufficiently support finding reasonable suspicion though respondent carrying white opaque bag arm nothing suspicious certainly time day shortly noon support illinois argument officers responding call report suspicious activity area officer nolan testify expected find enormous amount people including drug customers lookouts app points context officer nolan decided investigate wardlow observing flee ante observation view lends insufficient weight reasonable suspicion analysis indeed light absence testimony anyone else nearby respondent began run observation points opposite direction state along majority relies well assumption flight occurred high crime area even assumption accurate insufficient even high crime neighborhood unprovoked flight invariably lead reasonable suspicion contrary many factors providing innocent motivations unprovoked flight concentrated high crime areas character neighborhood arguably makes inference guilt less appropriate rather like unprovoked flight presence high crime neighborhood fact generic susceptible innocent explanation satisfy reasonable suspicion inquiry see brown texas see also supra state burden articulate facts sufficient support reasonable suspicion brown texas see also florida royer plurality opinion judgment illinois failed discharge burden persuaded mere fact someone standing sidewalk looked direction passing car starting run sufficient justify forcible stop frisk therefore respectfully dissent judgment reverse footnotes state courts differed whether unprovoked flight sufficient grounds constitute reasonable suspicion see state anderson flight alone sufficient platt state ind harris state app flight high crime area sufficient state hicks neb flight enough state tucker people shabaz people wilson granted certiorari solely question whether initial stop supported reasonable suspicion therefore express opinion lawfulness frisk independently stop footnotes added terry frisk serious intrusion upon sanctity person may inflict great indignity arouse strong resentment undertaken lightly resentment engendered intrusion aggravated mitigated officer entire justification stop belief individual simply trying avoid contact police move one place another right rapidly see chicago morales plurality opinion expressly identified right remove one place another according inclination attribute personal liberty protected constitution citation omitted florida bostick florida royer plurality opinion terry harlan concurring see also ante fleeing person exercises right remain silent stopped third state four hypothetical categories stop likely lead probable cause make arrest even third category flight necessarily indicate officer dealing armed dangerous individual terry ohio compare proverbs wicked flee man pursueth righteous bold lion proverbs shrewd man sees trouble coming lies low simple walk pay penalty rejected reliance former proverb past analysis real world fails account experiences many citizens country particularly minorities see california hodari stevens dissenting pithy expression fails capture total reality world however mean inaccurate instances course terry recognized sometimes behavior giving rise reasonable suspicion entirely innocent accepted risk officers may stop innocent people correctly observes undoubtedly true innocent explanations flight exist establish violation fourth amendment ante equally true however innocent explanations make single act flight sufficiently ambiguous preclude adoption per se rule terry furthermore reasonable suspicion supported concatenation acts innocent viewed isolation considered collectively amounted extremely suspicious behavior see flight alone however like series acts perhaps innocent taken together warran investigation id flight similar evidence aggregate provides fact fact clue clue afford ing basis deductions inferences supporting reasonable suspicion cortez nowhere illinois briefs specify means unprovoked oral argument illinois explained officers precipitate flight threats violence flight provoked police officers patrol car lights flashing siren sounding descend upon individual sole purpose seeing run ensuing flight unprovoked tr oral arg statistical studies bystander victimization rare one study attributes incomplete recordkeeping lack officially compiled data see sherman steele laufersweiler hooper julian stray bullets mushrooms random shootings bystanders four cities journal quantitative criminology nonetheless study culling data newspaper reports four large cities period found substantial increases reported bystander killings woundings four cities id example study identified people killed wounded bystander shootings four survey cities id significantly purposes present case study found incidents rank top public outrage id saliency phenomenon turn violate routine assumptions affairs ith enough frequency shapes conduct daily life ibid see johnson americans views crime law enforcement survey findings national institute justice journal reporting study joint center political economic studies april found consider police brutality harassment serious problem community president law enforcement administration justice task force report police documenting belief held many minorities field interrogations conducted indiscriminately abusive manner labeling phenomenon principal problem causing friction minorities police cited terry see also casimir minority men frisk targets daily news mar informal survey young black hispanic men living new york city reported stopped frisked police least none stops resulted arrests brief naacp legal defense educational fund amicus curiae reporting figures disproportionate street stops minority residents pittsburgh philadelphia pennsylvania petersburg florida dept justice bureau justice statistics smith criminal victimization perceptions community safety cities june residents cities twice likely dissatisfied police practices white residents community see kotlowitz hidden casualties drug war emphasis law enforcement takes toll police wall street journal black leaders complained innocent people picked drug sweeps scared task force ran even selling drugs many stops never lead arrest exacerbates perceptions discrimination felt racial minorities people living high crime areas see goldberg color suspicion times magazine june reporting period new york city police department street crimes unit made stops resulted arrest casimir supra reporting new york city street crimes unit conducted resulted arrest even data race neutral still indicate society whole paying significant cost infringement liberty virtually random stops see also supra chief washington metropolitan police department example confirmed sizeable percentages americans today especially americans color still view policing discriminatory policy definition certainly application verniero attorney general new jersey interim report state police review team regarding allegations racial profiling apr hereinafter interim report recent survey los angeles police department officers found felt racial bias prejudice part officers toward minority citizens currently exists contributes negative interaction police community report independent los angeles police department see also civil rights racial ethnic tensions american communities poverty inequality discrimination los angeles report june new jersey attorney general recent investigation allegations racial profiling new jersey turnpike concluded minority motorists treated differently new jersey state troopers motorists course traffic stops new jersey turnpike problem disparate treatment real imagined declared attorney general surprisingly report concluded disparate treatment engender feelings fear resentment hostility mistrust minority citizens see interim report recently department justice citing evidence announced appoint outside monitor oversee actions new jersey state police ensure enacts policy changes advocated interim report keeps records racial statistics traffic stops see kocieniewski monitor new jersey police race profiling times likewise massachusetts attorney general investigated similar allegations egregious police conduct toward minorities report stated conclude boston police officers engaged improper unconstitutional conduct period respect stops searches minority individuals although say precision widespread illegal conduct believe sufficiently common justify changes certain department practices perhaps disturbing evidence scope number terry searches went far beyond anything authorized case indeed beyond anything believe acceptable federal state constitutions even probable cause existed conduct full search incident arrest forcing young men lower trousers otherwise searching inside underwear public streets public hallways demeaning invasive fundamental precepts privacy condemned strongest terms fact young men independent witnesses complained strip searches deeply alarming members community shannon attorney general massachusetts report attorney general civil rights division boston police department practices taking account innocent motivations unprovoked flight leads reject illinois requested per se rule favor adhering test conclusion illinois suggests establish separate terry analysis based individual characteristics person seized reply brief petitioner rejection per se rule course applies members races true illinois points terry approved stop frisk procedure notwithstanding wholesale harassment certain elements police community minority groups particularly negroes frequently complain passage terry simply held concerns preclude use stop frisk procedure altogether see nowhere terry suggest concerns inform assessment whether reasonable suspicion sufficient justify particular stop existed general matter local courts often keener informed sense local police practices events may heighten concerns particular times locations thus reviewing may accord substantial deference local determination fear police especially acute specific location particular time illinois reliance common law conclusive answer issue hand mistaken sources gleans guidance focus either flight following accusation criminal activity see blackstone commentaries flight accusation treason felony even petit larceny offence carrying strong presumption guilt emphasis added part less dogmatic illinois contends compare brief petitioner person flight considered conclusive proof guilt burrill circumstantial evidence impressed old common law considerations kind laid rule passed maxim flight justice equivalent confession guilt maxim undoubtedly expressed general sweeping terms suppression hearing state failed present testimony time respondent arrest illinois however took notice time recorded officer nolan arrest report see population district people see brief national association police organizations et al amici curiae app ii course different case officers credible information respecting specific street address reasonably led believe criminal activity afoot narrowly defined area officer nolan also testified respondent looking us app emphasis added though minor clarification hardly seems sufficient support adverse inference