henry argued decided november without warrant search arrest federal officers investigating theft interstate shipment whiskey twice observed cartons placed motorcar residential district followed stopped car arrested petitioner another man searched car found seized cartons containing radios stolen interstate shipment petitioner trial unlawfully possessing radios stolen interstate shipment timely motion suppress evidence seized overruled convicted held record case officers probable cause arrest stopped car search illegal articles seized admissible evidence conviction reversed pp reversed edward calihan argued cause filed brief petitioner kirby patterson argued cause brief solicitor general rankin assistant attorney general wilkey beatrice rosenberg justice douglas delivered opinion petitioner stands convicted unlawfully possessing three cartons radios valued stolen interstate shipment see issue case whether probable cause arrest leading search produced evidence conviction rests timely motion suppress evidence made petitioner overruled district judgment conviction affirmed appeals divided vote case petition writ certiorari theft interstate shipment whisky terminal chicago next day two fbi agents neighborhood investigating saw petitioner one pierotti walk across street tavern get automobile agents given employer pierotti information undisclosed nature concerning implication defendant pierotti interstate shipments far record shows never went far tell agents suspected pierotti thefts agents followed car saw enter alley stop petitioner got car entered gangway leading residential premises returned minutes cartons placed car pierotti drove agents unable follow car later found parked place near tavern shortly saw petitioner pierotti leave tavern get car drive car stopped alley petitioner entered gangway returned cartons agents observed transaction distance feet determine size number contents cartons car drove agents followed finally met waved stop got car petitioner heard say hold followed tell picked agents searched car placed cartons bore name admiral addressed company car took merchandise petitioner pierotti office held two hours agents learned cartons contained stolen radios placed men formal arrest statutory authority fbi officers agents make felony arrests without warrant restricted offenses committed presence instances reasonable grounds believe person arrested committed committing felony statute constitutional standard command fourth amendment warrants either searches arrests shall issue except upon probable cause supported oath affirmation particularly describing place searched persons things seized requirement probable cause roots deep history general warrant name person arrested left blank writs assistance james otis inveighed perpetuated oppressive practice allowing police arrest search suspicion police control took place judicial control since showing probable cause magistrate required virginia declaration rights adopted june rebelled practice general warrants whereby officer messenger may commanded search suspected places without evidence fact committed seize person persons named whose offence particularly described supported evidence grievous oppressive granted warrants without oath affirmation search suspected places seize person property grievous oppressive general warrants search suspected places apprehend suspected persons without naming describing place person special illegal granted philosophy later reflected fourth amendment early american decisions immediately adoption show common rumor report suspicion even strong reason suspect adequate support warrant arrest principle survived day see di johnson giordenello high water johnson supra smell opium coming closed room enough support arrest search without warrant background two scholars recently wrote arrest mere suspicion collides violently basic human right liberty evidence required establish guilt necessary brinegar draper hand good faith part arresting officers enough probable cause exists facts circumstances known officer warrant prudent man believing offense committed stacey emery see director general kastenbaum di supra giordenello supra important think requirement strictly enforced standard set constitution protects officer citizen officer acts probable cause protected even though turns citizen innocent carroll search without warrant within limits permissible incident lawful arrest arrest without warrant support incidental search must made probable cause carroll supra immunity officers fairly enlarged without jeopardizing privacy security citizen turn question whether prudent men shoes officers brinegar supra seen enough permit believe petitioner violating violated law think prosecution conceded adheres concession arrest took place federal agents stopped car view facts particular case officers interrupted two men restricted liberty movement arrest purposes case complete therefore necessary determine whether time reasonable cause believe crime committed fact afterwards contraband discovered enough arrest justified subsequent search discloses johnson supra holds true federal crime committed terminal neighborhood whisky stolen interstate shipment petitioner friend pierotti suspected implication interstate shipments said record stands shipments manner implicated remain unexplained undefined rumor therefore practically meaningless record far enough evidence justify magistrate issuing warrant far record shows petitioner even suspected criminal activity prior time riding car stopping alley picking packages driving away acts outwardly innocent movements car mark fleeing men men acting furtively case might different packages taken terminal interstate trucking platform said alley packages picked residential section fact packages stolen make every man carries package subject arrest package subject seizure police must reasonable grounds believe particular package carried citizen contraband shape design might times adequate weight manner carried might times enough nothing indicate cartons issue probably contained liquor fact contained contraband appeared hours arrest transpired time car stopped officers said irrelevant narrow issue us repeat arrest justified subsequent search discloses system suspicion enough officer lay hands citizen better fourth amendment teaches guilty sometimes go free citizens subject easy arrest fact suspects automobile enough carroll supra liberalized rule governing searches moving vehicle involved decision merely relaxed requirements warrant grounds practicality dispense need probable cause reversed footnotes quincy mass appendix frisbie butler kirby conner commonwealth binn grumon raymond commonwealth dana met mass conner commonwealth supra note hogan snee rule rise rationale rescue geo uniform crime reports compiled federal bureau investigation vol xxviii semiannual pp shows arrest statistics cities including cities population cities population report arrested suspicion connection specific offense subsequently released without prosecution rate per inhabitants grand total persons arrested specific offense excluding traffic offenses suspicion alone released without held prosecution rate per inhabitants alternative theory arrest took place subsequent time discussed government make clear press position facts another case pending rios justice clark chief justice joins dissenting decides case narrow ground arrest took place moment federal bureau investigation agents stopped car petitioner riding time probable cause exist government unnecessarily seems conceded arrest made time car stopped bound government mistakes record shows beyond dispute agents received information pierotti employer implicating pierotti interstate shipments agents began surveillance petitioner pierotti recognizing came bar later agents observed loading cartons automobile gangway alley chicago agents trailing appeared delivered first load cartons suspects returned platform circuitous route streets alleys agents saw petitioner load another set cartons car drive minutes later agents stopped car alighted car approached petitioner petitioner overheard say hold tell picked since agents actually seen two suspects together several hours apparent statement untrue upon questioned defendants stated borrowed car friend questioning petitioner stepped car one agents happened look door car petitioner left open saw three cartons stacked inside resembled petitioner loaded car gangway agent saw cartons bore admiral shipping labels addressed company cincinnati ohio upon questioning agent told cartons car defendants borrowed knowing untrue agents searched car arrested petitioner companion seized cartons seems say mere stopping car amounted arrest petitioner agree suspicious activities petitioner somewhat prolonged surveillance agents warranted stopping car sighting cartons interstate labels car gave agents reasonable ground believe crime course commission presence search car subsequent arrest therefore lawful motion suppress properly overruled view time agents required reasonable grounds believe petitioner committing felony began search automobile seen cartons interstate labels car earlier events certainly disclosed ample grounds justify following car subsequent stopping thereof questioning petitioner agents interrogation together sighting cartons labels gave agents indisputable probable cause search arrest investigation proceeds point agent reasonable grounds believe offense committed presence obligated proceed make searches seizures arrests circumstances require alertness crime discovered interrupted prevented punished place additional burdens law enforcement agencies affirm judgments rationale brinegar carroll may government wishful thinking regard relaxation standards incident probable cause requirement making test case lend indulgence