Reasonable suspicion for an investigative stop requires articulable facts that criminal activity may be afoot, determined by evaluating the totality of the circumstances.
A traveler was stopped by federal agents at an airport after they observed him purchasing airline tickets with large amounts of cash, traveling under an alias, and arriving from a known drug source city for a very brief stay. The agents also noted his nervous demeanor and lack of checked luggage. The court considers whether these combined factors provided the necessary reasonable suspicion for a brief investigative stop under the Fourth Amendment. Applying the totality of the circumstances, the court determines that while individual factors may be consistent with innocent travel, their collective weight justifies a stop, even if the officers lack probable cause.
At page 7 Determining reasonable suspicion for a lawful stop1,434 citing cases“the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity 'may be afoot,' even if the officer lacks probable cause.”
- AS Hotels, Inc., et al. v. Vill. of Buckeye Lake, Ohio, et al., No. 2:23-cv-03371 (S.D. Ohio Sept. 23, 2026).([T]he police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks pro…)
- United States v. Chafin, No. 24-5079 (10th Cir. Jan. 13, 2026).unpublished(Direct evidence of a specific, particular crime is unnecessary [for reasonable suspicion to be present].)
- Hoskins v. City of San Diego, No. 3:24-cv-01488 (S.D. Cal. July 17, 2025).(An investigatory stop of a vehicle is reasonable under the Fourth 4 Amendment if the officer reasonably suspects that a traffic violation has occurred.)
- State of Arizona v. Asalia Guadalupe Alvarez-Soto, 559 P.3d 637 (Ariz. Ct. App. 2024).published (A reviewing court must consider whether the historical facts, along with the inferences drawn by law enforcement officers and the trial court, satisfy the constitutional standard.)
- United States v. Pearce, No. 23-5007 (10th Cir. Mar. 11, 2024).unpublished Reasonable suspicion “is based on the totality of the circumstances” and not on “each of an officer’s observations in isolation.” United States v. Garcia, 751 F.3d 1139, 1143 (10th Cir. 2014) (quoting United States v. Rice, 483 F.3d 1079,…
- Plourde v. Cejka, 717 F. Supp. 3d 106 (D. Me. 2024).published(While no perfectly precise definition of reasonable suspicion exists, it is well established that, in terms of the continuum of knowledge, reasonable suspicion requires more than a mere hunch but less than probable cau…)
- Com. v. Sutton, R., No. 1463 WDA 2022 (Pa. Super. Ct. Oct. 10, 2023).unpublished(In Terry[], we held that the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even i…)
- Ricardo Arreola, Jr. v. the State of Texas, No. 04-22-00062-CR (Tex. App.—San Antonio Aug. 9, 2023).unpublished(To conduct a traffic stop in compliance with the Fourth Amendment, an officer must have ‘reasonable suspicion.’)
- United States v. Fagan, 71 F.4th 12 (1st Cir. 2023).published([T]he showing required to meet this standard is considerably less demanding than that required to make out probable cause.)
- Smalls v. City of Tacoma, No. 3:22-cv-05043 (W.D. Wash. Apr. 25, 2023). ([P]olice can stop and briefly 14 detain a person for investigative purposes if the officer has a reasonable suspicion supported by 15 articulable facts that criminal activity “may be afoot,” even if the officer lacks p…)
Show 222 more citing cases
- Meshal v. Wright, 651 F. Supp. 3d 1273 (S.D. Ga. 2022).published(A traffic stop may be prolonged where an officer is able to articulate a reasonable suspicion of other illegal activity beyond the traffic offense.)
- James Vincent Yoda v. the State of Texas, 630 S.W.3d 470 (Tex. App.—Eastland 2021).published([P]olice can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks probabl…)
- Gordon v. State, 245 A.3d 499 (Del. 2021).published([T]he level of suspicion required for a Terry stop is obviously less demanding than that for probable cause . . . .)
- Commonwealth v. Adams, E., Aplt., 205 A.3d 1195 (Pa. 2019).published (In Terry[], we held that the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even i…)
- Andrew Stephen Chapman v. State, No. 02-16-00041-CR (Tex. App.—Fort Worth July 27, 2017).unpublished ([P]olice can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot, even if the officer lacks probable…)
- Taylor Martin Korb v. State, No. 01-15-00512-CR (Tex. App.—Houston [1st Dist.] Sept. 30, 2015).published (police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot, even if the officer lacks probable ca…)
- Texas Dep't of Pub. Saf. v. Stephen Joseph Caruana, No. 03-08-00659-CV (Tex. App.—Austin Aug. 23, 2012).published ([P]olice can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot, even if the officer lacks probable…)
- State of Texas v. Elias, Abran, No. PD-0735-10 (Tex. Crim. App. Apr. 6, 2011).published (police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot, even if the officer lacks probable ca…)
- Derichsweiler, Mark Alan, No. PD-0176-10 (Tex. Crim. App. Jan. 26, 2011).published (police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot, even if the officer lacks probable ca…)
- Commonwealth v. Narcisse, 927 N.E.2d 439 (Mass. 2010).published(A police officer may elevate a police-citizen encounter into an investigatory detention only if the officer has a ‘reasonable suspicion supported by articulable facts that criminal activity “may be afoot” *)
- United States v. Smith, 594 F.3d 530 (6th Cir. 2010).published ([T]he police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks pro…)
- Earnest A. Johnson, III v. Commonwealth of Virginia, No. 1645072 (Va. Ct. App. Apr. 28, 2009).unpublished([P]olice can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks probabl…)
- Rudolph v. Commonwealth (ORDER), No. 080794 (Va. Feb. 27, 2009).published (may be afoot)
- Williams v. State of Florida, No. 2D2023-2200 (Fla. 2d DCA Oct. 1, 2025).published
- State v. Stone, 350 A.3d 786 (Md. 2026).published
- State v. Avila, No. 1 CA-CR 25-0320 (Ariz. Ct. App. Aug. 27, 2026).published
- State v. Manuel, No. 1 CA-JV 23-0099 (Ariz. Ct. App. Oct. 31, 2023).unpublished
- People v. Edmonds, No. B319840 (Cal. Ct. App. Nov. 17, 2023).unpublished
- State in the Interest of H.M., a Juv., No. A-0303-22 (N.J. Super. Ct. App. Div. Nov. 27, 2023).unpublished
- United States v. Traquan Henderson, No. 22-4704 (4th Cir. Nov. 28, 2023).unpublished
- State v. Woolard, 894 S.E.2d 717 (N.C. 2023).published
- State v. Alvarez, 894 S.E.2d 737 (N.C. 2023).published
- Jason Lamont Cunningham v, Commonwealth of Virginia, No. 0141233 (Va. Ct. App. Dec. 19, 2023).unpublished
- United States v. James Gorden, No. 22-3571 (6th Cir. Jan. 4, 2024).unpublished
- State v. Wallace, No. 49802 (Idaho Ct. App. Jan. 5, 2024).unpublished
- Jeffrey Antonio Barlow v. Commonwealth of Virginia, No. 1133222 (Va. Ct. App. Jan. 9, 2024).unpublished
- Dana Mark Camann, Jr. v. Commonwealth of Virginia, 896 S.E.2d 370 (Va. Ct. App. 2024).published
- Markees Gross, s/k/a Markees A. Gross v. Commonwealth of Virginia, 896 S.E.2d 421 (Va. Ct. App. 2024).published
- United States v. Kwuan Montrell Baker, No. 22-13937 (11th Cir. Feb. 27, 2024).unpublished
- State of New Jersey v. Kerlo A. Barthelus & Khaaliq Skinner, No. A-0520-23 (N.J. Super. Ct. App. Div. Mar. 12, 2024).unpublished
- United States v. Kenneth Blakeney, No. 21-3256 (3d Cir. Mar. 20, 2024).unpublished
- McDougal v. State, 314 A.3d 1077 (Del. 2024).published
- Frederick Lorenzo Brooks v. the State of Texas, No. 11-22-00339-CR (Tex. App.—Eastland Mar. 21, 2024).unpublished
- United States v. Minners, No. 23-5066 (10th Cir. Apr. 2, 2024).unpublished
- United States v. David Larche, Jr., No. 21-12352 (11th Cir. Apr. 8, 2024).unpublished
- Bustillos v. City of Artesia, 98 F.4th 1022 (10th Cir. 2024).published
- Kenneth Charles Alvin v. Commonwealth of Virginia, No. 1995221 (Va. Ct. App. Apr. 23, 2024).unpublished
- United States v. Daniels, 101 F.4th 770 (10th Cir. 2024).published
- United States v. Michael Byrd, No. 23-5116 (6th Cir. May 16, 2024).unpublished
- Mayo v. United States, 315 A.3d 606 (D.C. 2024).published
- Drake v. United States, 315 A.3d 1196 (D.C. 2024).published
- United States v. Cameo Witherspoon, No. 23-1736 (3d Cir. June 10, 2024).unpublished
- State v. Robertson, No. 1 CA-JV 23-0026 (Ariz. Ct. App. June 11, 2024).unpublished
- State v. Michael Gene Wiskowski, 2024 WI 23, 7 N.W.3d 474.published
- McMahon v. City of Beardstown, No. 3:21-cv-03271 (C.D. Ill. Mar. 25, 2024).
- Johnson v. Wabash City of, No. 3:22-cv-00200 (N.D. Ind. Mar. 27, 2024).
- Pulsifer v. Prince, No. 1:22-cv-03080 (D. Md. May 30, 2024).
- Little v. City of Saginaw, 731 F. Supp. 3d 814 (E.D. Mich. 2024).published
- Leonard v. Lapeer Cnty., No. 2:22-cv-10280 (E.D. Mich. Mar. 30, 2024).
- Crow v. Rasmussen, No. 0:23-cv-02403, 2024 WL 2014211 (D. Minn. May 7, 2024).
- Marta v. City of Las Cruces, No. 2:23-cv-00192 (D.N.M. May 23, 2024).
- Cook v. Boss, No. 1:22-cv-01535 (N.D. Ohio Mar. 30, 2024).
- State v. Napoleao Pires, 316 A.3d 701 (R.I. 2024).published
- United States v. Kyle Ashmore, No. 23-2641 (8th Cir. July 12, 2024).unpublished
- Anthry Milla v. Officer Brown, 109 F.4th 222 (4th Cir. 2024).published
- United States v. Tyrell Gaston, 109 F.4th 1065 (8th Cir. 2024).published
- United States v. Langston, 110 F.4th 408 (1st Cir. 2024).published
- Marlon Juan Lall v. the State of Texas, No. 05-21-00770-CR (Tex. App.—Dallas Aug. 16, 2024).unpublished
- Racheal Michelle Swanger v. the State of Texas, No. 11-23-00183-CR (Tex. App.—Eastland Aug. 15, 2024).unpublished
- People v. McKee, 2024 IL App (2d) 230298-U.unpublished
- State v. Dunlap, 2024-Ohio-4821, 255 N.E.3d 12.published
- Boudreau v. Mun. of Anchorage, No. 3:23-cv-00164 (D. Alaska July 30, 2024).
- Allen v. Perkins, No. 5:22-cv-05199 (W.D. Ark. Dec. 21, 2023).
- Bassford v. Mesa, City of, No. 2:22-cv-00572 (D. Ariz. Aug. 15, 2024).
- Faith Wilson v. City of Pomona, No. 2:24-cv-02605 (C.D. Cal. June 11, 2024).
- Hearn v. City of Bakersfield, No. 1:22-cv-00668 (E.D. Cal. June 13, 2024).
- Chang v. Cnty. of Siskiyou, 746 F. Supp. 3d 808 (E.D. Cal. 2024).published
- Ussery v. Houston Cnty. Georgia, No. 5:24-cv-00116 (M.D. Ga. Oct. 4, 2024).
- Schuchardt v. City of Boise, No. 1:24-cv-00039 (D. Idaho Oct. 4, 2024).
- Pride v. Detroit, City of, No. 2:23-cv-10243 (E.D. Mich. Sept. 18, 2024).
- Smith v. The Vill. of Brockport, No. 6:19-cv-06404 (W.D.N.Y. Aug. 13, 2024).
- Thompson v. Texas Dep't of Pub. Saf., No. 7:22-cv-00014 (N.D. Tex. July 9, 2024).
- Young v. The City of Irving, No. 3:23-cv-01423, 2024 WL 4193936 (N.D. Tex. Sept. 12, 2024).
- Williams v. City of Appleton, No. 1:23-cv-00045 (E.D. Wis. June 3, 2024).
- T.I.J., a Juv. v. the State of Florida, 399 So. 3d 1128 (Fla. 3d DCA 2024).published
- State v. Jackson, 2024-Ohio-4770.published
- State v. Weaver, 2024-Ohio-5028, 256 N.E.3d 757.published
- State of West Virginia v. Sean Allen Taylor, No. 23-120 (W. Va. Nov. 20, 2024).published
- State v. Curtis H. Brown, 18 N.W.3d 431 (Wis. Ct. App. 2024).unpublished
- State v. Ruffin, 2024-Ohio-5626.published
- Nicholas Shavon Smith v. Commonwealth of Virginia, No. 1526232 (Va. Ct. App. Dec. 3, 2024).unpublished
- United States v. Euclide Aquino Urraca, 123 F.4th 834 (6th Cir. 2024).published
- Brown v. Fender, No. 4:22-cv-01284 (N.D. Ohio Dec. 17, 2024).
- Register v. State, 337 A.3d 1224 (Del. 2024).published
- Bryan v. Whitaker, No. 5:23-cv-05238 (W.D. Ark. Nov. 12, 2024).
- Moody v. Priccio, No. 3:23-cv-01621 (N.D. Cal. Jan. 3, 2025).
- Garcia v. Wilson, No. 1:23-cv-00131 (D. Utah Dec. 9, 2024).
- State v. Sanders, 2025-Ohio-411.published
- Hayat v. Diaz, 766 F. Supp. 3d 512 (D. Md. 2025).published
- Figueroa v. The City of New York, No. 1:21-cv-02154 (E.D.N.Y. Feb. 24, 2025).
- Rincon v. City of Laredo, No. 24-40168, 2025 WL 603883 (5th Cir. Feb. 25, 2025).unpublished
- United States v. Jatally Williams, No. 24-5507 (6th Cir. Mar. 3, 2025).unpublished
- United States v. Sherwood, No. 23-5122 (10th Cir. Mar. 10, 2025).unpublished
- Fishman v. Dist. of Columbia, No. 2021-1847 (D.D.C. Mar. 13, 2025).published
- Jackson v. Cnty. of Ulster, No. 1:24-cv-00203 (N.D.N.Y. Mar. 25, 2025).
- Young v. Battle Creek, City of, No. 1:23-cv-00010 (W.D. Mich. Mar. 27, 2025).
- Marsh v. Dist. of Columbia Metro. Police Dep't, No. 2024-0683 (D.D.C. Mar. 28, 2025).published
- People v. Dorsey, 2025 IL App (1st) 240933, 266 N.E.3d 1209.published
- (PS) Ward v. Upshaw, No. 2:24-cv-00978 (E.D. Cal. Apr. 4, 2025).
- Facundo Ramos-Osario v. State of Indiana, 257 N.E.3d 32 (Ind. Ct. App. 2025).published
- State v. Lansing, 2025-Ohio-1241, 269 N.E.3d 508.published
- State v. Ballein, 2025-Ohio-1240, 269 N.E.3d 526.published
- State of New Jersey v. Orion Byrd, No. A-1665-21 (N.J. Super. Ct. App. Div. Apr. 21, 2025).unpublished
- State of New Jersey v. Jaikeem L. Johnson, No. A-3183-22 (N.J. Super. Ct. App. Div. Apr. 21, 2025).unpublished
- Stout v. Hierwater, No. 3:24-cv-00679 (E.D. Va. Apr. 22, 2025).
- Salinas v. City of Houston, 138 F.4th 822 (5th Cir. 2025).published
- Johnson v. Cerejo, No. 3:24-cv-01938 (D. Conn. June 5, 2025).
- United States v. Edwin Santiago, 139 F.4th 570 (6th Cir. 2025).published
- Vaughn v. Rea, No. 1:21-cv-02197 (N.D. Ohio June 23, 2025).
- Welch v. Schnell, No. 4:25-cv-03059 (D. Neb. June 26, 2025).
- State of New Jersey v. Guy C. Jackson, No. A-2030-22 (N.J. Super. Ct. App. Div. July 14, 2025).unpublished
- Ometu v. City of San Antonio, No. 24-50152 (5th Cir. July 15, 2025).unpublished
- Meredith Logan Whitehurst v. Town of Sullivan's Island, 919 S.E.2d 402 (S.C. 2025).published
- Eurton v. Thomas, No. 3:22-cv-00508 (W.D. Ky. July 15, 2025).
- Burlow v. City of Detroit, No. 2:23-cv-12120 (E.D. Mich. July 15, 2025).
- D.W. v. United States, 339 A.3d 175 (D.C. 2025).published
- United States v. Wilson, 143 F.4th 647 (5th Cir. 2025).published
- United States v. Loren Clark, Jr., No. 24-1892 (3d Cir. July 18, 2025).unpublished
- State v. Grady, 2025-Ohio-2734, 271 N.E.3d 909.published
- State v. Andrews, 2025-Ohio-2803.published
- United States v. Gregory James Knuuttila, No. 24-1211 (6th Cir. Sept. 2, 2025).unpublished
- Noem v. Vasquez Perdomo, No. 25A169 (U.S. Sept. 8, 2025).
- United States v. Sparks, No. 23-4066 (9th Cir. Sept. 8, 2025).unpublished
- United States v. Hall, No. 24-30377 (5th Cir. Sept. 16, 2025).unpublished
- People v. Fuimaono, No. A169855 (Cal. Ct. App. Sept. 19, 2025).unpublished
- Commonwealth v. Lewis, A., Aplt., 343 A.3d 1016 (Pa. 2025).published
- United States v. Campbell, 156 F.4th 1019 (10th Cir. 2025).published
- State v. Sloniker, No. A-1-CA-41814 (N.M. Ct. App. June 16, 2025).unpublished
- Galdos-Shapiro, No. 3:24-cv-30070 (D. Mass. Oct. 17, 2025).
- Woods, No. 4:25-cv-01098 (S.D. Tex. Oct. 21, 2025).
- United States v. Huerta, 166 F.4th 866 (10th Cir. 2025).published
- Rivera, No. 7:22-cv-01874 (S.D.N.Y. Sept. 10, 2025).
- Rincon, No. 5:23-cv-00017 (S.D. Tex. Nov. 13, 2025).
- State of New Jersey v. Kevin J. Corkin, No. A-0409-24 (N.J. Super. Ct. App. Div. Nov. 14, 2025).unpublished
- Gonzalez v. Brunnemer, No. 24-1200 (10th Cir. Nov. 26, 2025).unpublished
- State of Arizona v. Asalia Guadalupe Alvarez-Soto, 579 P.3d 1227 (Ariz. 2025).published
- United States v. Vieyra-Garcia, No. 24-5249 (9th Cir. Dec. 8, 2025).unpublished
- Hootstein, No. 3:23-cv-30057 (D. Mass. Dec. 8, 2025).
- United States v. Htoo, No. 24-1387 (10th Cir. Dec. 10, 2025).unpublished
- State of New Jersey v. Khaliel Arrington, No. A-2570-23 (N.J. Super. Ct. App. Div. Dec. 29, 2025).unpublished
- State v. Haskins, 2026-Ohio-19.published
- State v. Stockton, 924 S.E.2d 603 (N.C. Ct. App. 2026).unpublished
- Case v. Montana, No. 24-624, 2026 WL 96690 (U.S. Jan. 14, 2026).published
- United States v. Everette Jhamal Thibou, No. 24-1991 (6th Cir. Jan. 16, 2026).unpublished
- Kary Jarvis v. City of Daytona Beach, No. 24-13456 (11th Cir. Feb. 6, 2026).unpublished
- Bellows, No. 2:25-cv-00390 (D. Vt. Feb. 10, 2026).
- State v. Derrick G. Boyd, No. 2023-000698 (S.C. Ct. App. Feb. 25, 2026).unpublished
- State of New Jersey v. Jovy Delphine, No. A-0309-23 (N.J. Super. Ct. App. Div. Mar. 5, 2026).unpublished
- Nicholas, No. 1:25-cv-00078 (D. Utah Mar. 11, 2026).
- United States v. Gregory Kilgore, III, No. 25-5435 (6th Cir. Mar. 12, 2026).unpublished
- State v. Vance, 2026-Ohio-876.published
- State of New Jersey v. Deshawn F. Banks, No. A-1871-23 (N.J. Super. Ct. App. Div. Mar. 26, 2026).unpublished
- Winston v. Monahan, No. 2023-2123 (D.D.C. Mar. 26, 2026).published
- Dist. of Columbia v. R.W., No. 25-248 (U.S. Apr. 20, 2026).published
- State of New Jersey v. Ronald C. Smith, No. A-1867-24 (N.J. Super. Ct. App. Div. May 4, 2026).unpublished
- Delwin Ray Jackson v. the State of Texas, No. 11-24-00288-CR (May 8, 2026).unpublished
- State v. Rowdy, 929 S.E.2d 324 (N.C. 2026).published
- Brandy Dawn Todd v. the State of Texas, No. 03-24-00659-CR (May 21, 2026).unpublished
- Gross, No. 1:22-cv-06843 (N.D. Ill. Mar. 30, 2026).
- Hicks v. State, 358 A.3d 74 (Md. Ct. Spec. App. 2026).published
- William Martin v. Mauricio Duran, No. 25-10957 (11th Cir. June 12, 2026).unpublished
- People v. Harrington, No. A172744 (Cal. Ct. App. June 29, 2026).unpublished
- Com. v. Romanelli, J., No. 685 MDA 2025 (Pa. Super. Ct. June 30, 2026).unpublished
- United States v. Nicholas Smith, No. 24-13904 (11th Cir. July 2, 2026).unpublished
- Parks, No. 2:25-cv-00263 (E.D. Pa. June 24, 2026).
- Simons, No. 3:26-cv-00155 (D. Nev. July 6, 2026).
- Westerlund, No. 3:26-cv-00157 (D. Nev. July 6, 2026).
- Diaz-Garcia, No. 2:25-cv-00125 (N.D. Tex. July 7, 2026).
- Com. v. Cepeda, Y., No. 339 WDA 2025 (Pa. Super. Ct. July 15, 2026).unpublished
- United States v. Holcomb, No. 23-469 (9th Cir. July 17, 2026).published
- Commonwealth v. Jose Rosario & Freddy Tapia Collado, No. 2477CR00336 / 2477CR00337 (Mass. Super. Ct. July 15, 2026).published
- Socorro Perez-Hernandez v. Todd Blanche, No. 25-3592 (6th Cir. July 28, 2026).published
- Com. v. Holbrook, A., 2026 PA Super 162.published
- People v. Superior Court (Meza), No. H053759 (Cal. Ct. App. Aug. 10, 2026).unpublished
- Chambers, No. 6:25-cv-01068 (D.S.C. July 7, 2026).
- Gray, No. 4:24-cv-00527 (E.D. Ark. July 28, 2026).
- Tapp, No. 3:25-cv-00018 (E.D. Ark. Aug. 10, 2026).
- Fareed Hayat v. Casey Diaz, No. 25-1235 (4th Cir. Aug. 20, 2026).published
- United States v. Venetia Torres, No. 25-1589 (8th Cir. Aug. 24, 2026).published
- Sherry Prunty v. Corey Obregon, No. 25-2758 (8th Cir. Aug. 25, 2026).published
- Helmantoler, No. 2:25-cv-00942 (W.D. Pa. Sept. 3, 2026).
- Commonwealth of Virginia v. Charlie Ray Surida, Jr., No. 0468264 (Va. Ct. App. Sept. 8, 2026).unpublished
- United States v. Joseph Olson, No. 23-11857 (11th Cir. Sept. 9, 2026).published
- United States v. Johnny Smith, Jr., No. 25-12333 (11th Cir. Sept. 11, 2026).unpublished
- United States v. Jackson, No. 25-1147 (10th Cir. Sept. 14, 2026).published
- United States v. Alisigwe, No. 24-960 (2d Cir. Sept. 17, 2026).published
- Laquandra Erica Ross, s/k/a Laqurandra Ross v. Commonwealth of Virginia, No. 1262252 (Va. Ct. App. Sept. 22, 2026).unpublished
- Barbour, No. 2:25-cv-00167 (D. Utah Sept. 22, 2026).
- Jesus Guadalupe Orea Ruiz v., No. 5:26-cv-04807 (C.D. Cal. Aug. 23, 2026).
- Fernando Ortis Ramirez v. , No. 5:26-cv-04806 (C.D. Cal. Aug. 23, 2026).
- Nicholas, No. 1:25-cv-00016 (N.D. W. Va. Sept. 25, 2026).
- Com. v. Campbell, C., No. 360 EDA 2023 (Pa. Super. Ct. Apr. 1, 2024).unpublished
- Reynolds v. Clark, No. 0:23-cv-00331 (D. Minn. Sept. 5, 2024).
- State of Louisiana v. James E. Tate, No. 2024-K-0354 (La. Ct. App. July 11, 2024).published
- State of Louisiana v. Zachary Hunt, 400 So. 3d 349 (La. Ct. App. 2024).published
- State of Louisiana v. Jamarkus Ardoin, 409 So. 3d 1018 (La. Ct. App. 2025).published
- State of Louisiana v. Arial Valencia-Lacayo, 424 So. 3d 200 (La. Ct. App. 2025).published
- Com. v. Kashner, J., No. 689 MDA 2025 (Pa. Super. Ct. Feb. 26, 2026).unpublished
- Schrecengost, No. 1:24-cv-00588 (D. Colo. Mar. 30, 2026).
- Lore, No. 1:21-cv-02553 (D. Colo. Mar. 30, 2026).
- Beam, No. 1:26-cv-00109 (D. Idaho July 10, 2026).
- United States v. Fox, 600 F.3d 1253 (10th Cir. 2010).published“[T]he level of suspicion required for a Terry stop is obviously less demanding than that for probable cause.”
- Allison Riepe Boykin v. State, No. 13-19-00488-CR (Tex. App.—Corpus Christi–Edinburg Apr. 15, 2021).unpublished“[P]olice can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot, even if the officer lacks probable…”
- State v. Porche, 943 So. 2d 335 (La. 2006).published“The Fourth Amendment requires `some minimal level of objective justification' for making the stop. That level of suspicion is considerably less than proof of wrongdoing by a preponderance of the evidence.”
- Flores v. State, 706 A.2d 628 (Md. Ct. Spec. App. 1998).published“the level of suspicion required for a Terry stop is obviously less demanding than that for probable cause”
- United States v. Mario De Leon-Reyna, 930 F.2d 396 (5th Cir. 1991).published“We think the Court of Appeals’ effort to refine and elaborate the requirements of “reasonable suspicion” in this ease create [sic] unnecessary difficulty in dealing with one of the relatively simple concepts embodied i…”
- United States v. Eddie Louis Taylor, 956 F.2d 572 (6th Cir. 1992).published“Probable cause means ‘a fair probability that contraband or evidence of a crime will be found.’”
- United States v. Pedro Jolio Prandy-Binett, 5 F.3d 560 (D.C. Cir. 1993).published“The concept of reasonable suspicion, like probable cause, is not ‘readily, or even usefully, reduced to a neat set of legal rules.’”
- United States v. John Michael Perkins, 363 F.3d 317 (4th Cir. 2004).published“The concept of reasonable suspicion, like probable cause, is not ‘readily, or even usefully, reduced to a neat set of legal rules.’”
- United States v. Sellers, 897 F. Supp. 2d 754 (N.D. Ind. 2012).published“We have held that probable cause means ‘a fair probability that contraband or evidence of a crime will be found,’ ... and the level of suspicion required for a Terry stop is obviously less demanding than that for proba…”
- Price v. Sery, 513 F.3d 962 (9th Cir. 2008).published“We have held, that probable cause means `a fair probability. . . .'”
- Cornelious L. Matthews v. State, No. 08-11-00157-CR (Tex. App.—El Paso Aug. 23, 2013).published“police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot, even if the officer lacks probable ca…”
- Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011).published“police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by artic-ulable facts that criminal activity may be afoot, even if the officer lacks probable c…”
- United States v. Victor Manuel Santamaria-Hernandez, 968 F.2d 980 (9th Cir. 1992).published“Fourth Amendment requires ‘some minimal level of objective justification’ for making the stop.”
- Lopez-Vazquez v. State, 956 A.2d 1280 (Del. 2008).published“The officer, of course, must be able to articulate something more than an inchoate and unparticularized suspicion or hunch. The Fourth Amendment requires some minimal level of objective justification for making the sto…”
- Trott v. State, 770 A.2d 1045 (Md. Ct. Spec. App. 2001).published“[T]he level of suspicion required for a Terry stop is obviously less demanding than that for probable cause.”
- United States v. Fisher, 145 F. Supp. 2d 853 (E.D. Mich. 2001).published“[T]he level of suspicion required for a Terry stop is obviously less demanding than that for probable cause ....”
- State v. Fields, 994 So. 2d 1288 (La. 2008).published“The Fourth Amendment requires `some minimal level of objective justification' for making the stop.”
- State v. Elias, 339 S.W.3d 667 (Tex. Crim. App. 2011).published“police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot, even if the officer lacks probable ca…”
- Jacobs v. Vill. of Ottawa Hills, 111 F. Supp. 2d 904 (N.D. Ohio 2000).published“the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks proba…”
- State v. Colitto, 929 So. 2d 654 (Fla. 4th DCA 2006).published“The concept of reasonable suspicion, like probable cause, [e.s.] is not `readily, or even usefully, reduced to a neat set of legal rules'.”
- Joseph v. United States, 926 A.2d 1156 (D.C. 2007).published“[articulable] suspicion is considerably less than proof of wrongdoing by a preponderance of the evidence”
At page 9 Factors taken together creating reasonable suspicion206 citing casesAny one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent travel. But we think taken together they amount to reasonable suspicion.
- United States v. Dunnigan, No. 23-6353 mtn (2d Cir. Feb. 12, 2025).unpublished ([F]ew vacationers carry with them thousands of dollars in $20 bills.)
- Ogunsula v. Warrenfeltz, No. 1:20-cv-02568 (D. Md. May 14, 2024). (The magnitude of the intrusion relative to the seriousness of any offense ‘is of central relevance to determining reasonableness[.]’)
- United States v. Pearce, No. 23-5007 (10th Cir. Mar. 11, 2024).unpublished (Any one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent travel. But we think taken together they amount to reasonable suspicion.)
- State v. James Timothy Genous, 2021 WI 50, 961 N.W.2d 41.published (Any one of these factors is not by itself proof of any illegal conduct . . . . But we think taken together they amount to reasonable suspicion.)
- United States v. Antonio Slater, 979 F.3d 626 (8th Cir. 2020).published(Even if a single factor . . . , when viewed in isolation, did not support a finding of reasonable suspicion, our precedent prohibits such a fragmented approach to reasonable suspicion.)
- United States v. Quincy Bloodworth, 798 F. App'x 842 (6th Cir. 2019).unpublished(Any one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent travel. But we think taken together they amount to reasonable suspicion.)
- State v. Meghan Sage, 180 A.3d 1098 (N.H. 2018).published (Any one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent travel. But we think taken together they amount to reasonable suspicion.)
- United States v. Cordell Felix, No. 16-16457 (11th Cir. Nov. 8, 2017).unpublished(Any one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent travel. But we think taken together they amount to reasonable suspicion.)
- Willie Billups v. Commonwealth of Virginia, No. 1037141 (Va. Ct. App. May 5, 2015).unpublished(Any one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent [behavior]. But we think taken together they amount to reasonable suspicion.)
- United States v. Mantel Mubdi, 691 F.3d 334 (4th Cir. 2012).published (Any one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent travel. But we think taken together they amount to reasonable suspi- cion.)
Show 196 more citing cases
- State v. Fisher, 725 S.E.2d 40 (N.C. Ct. App. 2012).published “Any one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent travel. But we think taken together they amount to reasonable suspicion.”
- State v. David Allen Long (Idaho Ct. App. 2011).unpublished(Any one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent [activity]. But we think taken together they amount to reasonable suspicion.)
- United States v. Stephen Digiovanni, No. 10-4417 (4th Cir. Aug. 2, 2011).published(Any one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent travel. But we think taken together they amount to reasonable suspi- cion.)
- Raab v. Commonwealth, 652 S.E.2d 144 (Va. Ct. App. 2007).published
- State v. Barnard, 658 S.E.2d 643 (N.C. 2008).published
- George Karnes v. Thomas Skrutski, in His Individual Capacity Edward Kowalski, in His Individual Capacity, 62 F.3d 485 (3d Cir. 1995).published
- Hill v. Commonwealth, No. 180681 (Va. Aug. 30, 2019).published
- Kansas v. Glover, 589 U.S. 376 (2020).published
- State of Maine v. Joshua Lovell, 2022 ME 49, 281 A.3d 651.published
- Holmes v. Reddoch, No. 2:19-cv-12749, 2021 WL 1063069 (E.D. La. Mar. 18, 2021).
- United States v. Vincent D. Millan, 912 F.2d 1014 (8th Cir. 1990).published
- United States v. Albert Wilson, 953 F.2d 116 (4th Cir. 1991).published
- People v. Jones, 545 N.E.2d 1332 (Ill. App. Ct. 1st Dist. 1989).published
- United States v. Ezeiruaku, 754 F. Supp. 420 (E.D. Pa. 1990).published
- People v. Edmonds, No. B319840 (Cal. Ct. App. Nov. 17, 2023).unpublished
- Commonwealth v. Jose Rosario & Freddy Tapia Collado, No. 2477CR00336 / 2477CR00337 (Mass. Super. Ct. July 15, 2026).published
- Tapp, No. 3:25-cv-00018 (E.D. Ark. Aug. 10, 2026).
- United States v. Larry Brown, United States of Am. v. Owen Carney, United States of Am. v. Kenneth Williams, 21 F.3d 425 (4th Cir. 1994).published
At page 8 Evaluating reasonable suspicion through totality of circumstances172 citing casesMost business travelers, we feel confident, purchase airline tickets by credit card or check so as to have a record for tax or business purposes, and few vacationers carry with them thousands of dollars in $20 bills.
- United States v. One Lot of U.S. Currency ($36,634), 103 F.3d 1048 (1st Cir. 1997).published (Most business travelers, we feel confident, purchase airline tickets by credit card or check so as to have a record for tax or business purposes, and few vacationers carry with them thousands of dollars in $20 bills.)
- FRASER, MARIAN v. the State of Texas, 726 S.W.3d 253 (Tex. Crim. App. 2025).published(Long before the law of probabilities was articulated as such, practical people formulated certain common-sense conclusions about human behavior; jurors as fact-finders are permitted to do the same—and so are law enforc…)
- United States v. Herbert Murillo-Lopez, 151 F.4th 584 (4th Cir. 2025).published(Courts assess reasonable suspicion by examining the totality of the circumstances.)
- United States v. Smith, 594 F.3d 530 (6th Cir. 2010).published An officer can stop and briefly detain a person when the “officer has reasonable, articulable suspicion that [a] person has been, is, or is about to be engaged in criminal activity.” United States v. Atchley, 474 F.3d 840, 847 (6th Cir. 20…
- United States v. Urrieta, 520 F.3d 569 (6th Cir. 2008).published
- Kansas v. Glover, 589 U.S. 376 (2020).published
- State of Maine v. Timothy Barclift, 2022 ME 50, 282 A.3d 607.published
- Bracken v. Manor Twp., 665 F. Supp. 3d 675 (W.D. Pa. 2023).published
- Com. v. Anderson, S., 276 A.3d 282, 2022 PA Super 95 (Pa. Super. Ct. 2022).published
- United States v. Yulian Villavicencio, 825 F. App'x 88 (4th Cir. 2020).unpublished
Show 155 more citing cases
- Illinois v. Wardlow, 528 U.S. 119 (2000).published
- Safford Unified Sch. Dist. 1 v. Redding, 557 U.S. 364 (2009).published
- United States v. Gatlin, 613 F.3d 374 (3d Cir. 2010).published
- United States v. Dove, 89 F.3d 851 (10th Cir. 1996).unpublished
- United States v. Kenneth Linden Doyle, 129 F.3d 1372 (10th Cir. 1997).published
- United States v. Refugio Gomez-Espinoza Max Mendoza, 156 F.3d 1245 (10th Cir. 1998).published
- United States v. Toribio Miguel De La Cruz-Tapia, 162 F.3d 1275 (10th Cir. 1998).published
- United States v. Orona-Soto, No. 99-2036 (10th Cir. Dec. 14, 1999).unpublished
- United States v. Ochoa-Zaragoza, No. 99-4051 (10th Cir. Feb. 17, 2000).unpublished
- United States v. Fields, 395 F. App'x 981 (4th Cir. 2010).unpublished
- United States v. Douglas Edward Batti, 958 F.2d 378 (9th Cir. 1992).unpublished
- United States v. Ramon Bolanos, 959 F.2d 242 (9th Cir. 1992).unpublished
- Kelly L. Martinez v. Cnty. of San Diego Elizabeth Foster, 962 F.2d 14 (9th Cir. 1992).unpublished
- United States v. Raymundo Gonzalez-Zavala, 967 F.2d 593 (9th Cir. 1992).unpublished
- United States v. Alberto Molina-Sierra, 967 F.2d 594 (9th Cir. 1992).unpublished
- United States v. Kenneth Michal Chico, Sr. Javier Mosqueira-Talamente, 977 F.2d 592 (9th Cir. 1992).unpublished
- United States v. Kimberly Ann Boyd, 996 F.2d 1228 (9th Cir. 1993).unpublished
- United States v. Hector Jesus Gonzalez-Morales, AKA Hector Jesus Gonzalez, 2 F.3d 1158 (9th Cir. 1993).unpublished
- United States v. Jermaine Lee Simmons, 7 F.3d 228 (4th Cir. 1993).unpublished
- United States v. Jerry Michael Stricklen, 7 F.3d 1046 (10th Cir. 1993).published
- United States v. Cesar Loya-Gutierrez, 9 F.3d 1554 (9th Cir. 1993).unpublished
- United States v. Rafael Vargas-Calva, 9 F.3d 1555 (9th Cir. 1993).unpublished
- United States v. Pernell Lawson, 15 F.3d 1160 (D.C. Cir. 1994).unpublished
- United States v. Larry Brown, United States of Am. v. Owen Carney, United States of Am. v. Kenneth Williams, 21 F.3d 425 (4th Cir. 1994).published
- United States v. Oscar Santiago, 21 F.3d 1118 (9th Cir. 1994).unpublished
- United States v. Roy Johnson, Jr., 23 F.3d 409 (6th Cir. 1994).published
- United States v. Mark Bradley Klinginsmith, 25 F.3d 1507 (10th Cir. 1994).published
- United States v. Rosa Torres-Morales, AKA Alma Rosa Alcarez, United States of Am. v. Norma Leticia Villegas-Rojas, 52 F.3d 339 (10th Cir. 1995).published
- United States v. Lorenzo Trevino, 59 F.3d 177 (9th Cir. 1995).published
- United States v. Jose Arias-Mendez, 60 F.3d 835 (9th Cir. 1995).published
- United States v. Jeffrey Seward, 68 F.3d 482 (9th Cir. 1995).unpublished
- United States v. Tomas Navarro-Garcia, 91 F.3d 156 (9th Cir. 1996).unpublished
- Lawtis Donald Rhoden v. Jack Morgan, Warden State of Tennessee Charles W. Burson, Attorney Gen., State of Tennessee, 97 F.3d 1452 (6th Cir. 1996).unpublished
- United States v. Charles H. Burton, 104 F.3d 359 (4th Cir. 1996).unpublished
- United States v. $88,654.00 in U.S. Currency, Lonnie Maurice Ceasar, Claimant-Appellant, 116 F.3d 486 (9th Cir. 1997).unpublished
- United States v. Pablo Coronado-Osuna, 124 F.3d 213 (9th Cir. 1997).unpublished
At page 10 Determining reasonable suspicion from noncriminal acts133 citing casesThus, when determining whether reasonable suspicion existed, a court does not inquire whether conduct is innocent or guilty but considers instead ‘the degree of suspicion that attaches to particular types of noncriminal acts.’
- United States v. Leo J. Tavolacci, 895 F.2d 1423 (D.C. Cir. 1990).published See Royer, 460 U.S. at 502-03 , 103 S.Ct. at 1326-27 (officers' seclusion of defendant in "a large closet ... a police interrogation room" key in Court's finding a seizure requiring probable cause); United States v. Berry, 670 F.2d 583, 60…
- Israel Garcia Hernandez v. the State of Texas, No. 13-24-00036-CR (Tex. App.—Corpus Christi–Edinburg Feb. 20, 2025).unpublished(Thus, when determining whether reasonable suspicion existed, a court does not inquire whether conduct is innocent or guilty but considers instead ‘the degree of suspicion that attaches to particular types of noncrimina…)
- Peo v. Brehm, No. 22CA1228 (Colo. Ct. App. Feb. 13, 2025).unpublished([I]nnocent behavior will frequently provide the basis for a showing of probable cause . . . .)
- Cimiotta v. Slaubaugh, No. 3:17-cv-00594 (W.D. Ky. Sept. 26, 2019).(A court sitting to determine the existence of reasonable suspicion must require the agent to articulate the factors leading to that conclusion, but the fact that these factors may be set forth in a ‘profile’ does not s…)
- State v. Bordley, No. 1701018212 (Del. Super. Ct. July 11, 2017).published(the relevant inquiry is not Whether particular conduct is ‘innocent’ or ‘guilty,’ but the degree of suspicion that attaches to particular types of noncriminal acts)
- United States v. Rodriguez-Rivas, No. 97-50650 (5th Cir. Aug. 17, 1998).published
- United States v. Gonzalez, No. 98-5070 (10th Cir. June 11, 1999).unpublished
- United States v. Eduardo Guerrero, 403 F. App'x 210 (9th Cir. 2010).unpublished
- United States v. William Raymond Rose, 889 F.2d 1490 (6th Cir. 1989).published
- United States v. Chareou Caprice Condelee, 915 F.2d 1206 (8th Cir. 1990).published
Show 119 more citing cases
- United States v. Christopher Hawthorne, Also Known as Xavier Bratton, 982 F.2d 1186 (8th Cir. 1992).published
- United States v. John Derek O'Neal, 17 F.3d 239 (8th Cir. 1994).published
- United States v. Xavier Cardel Lartigue & William E. Haney, 23 F.3d 409 (6th Cir. 1994).published
- United States v. German Espinoza Montero-Camargo, United States of Am. v. Lorenzo Sanchez-Guillen, 208 F.3d 1122 (9th Cir. 2000).published
- Raab v. Commonwealth, 652 S.E.2d 144 (Va. Ct. App. 2007).published
- State v. Barnard, 658 S.E.2d 643 (N.C. 2008).published
- State v. Stovall, 788 A.2d 746 (N.J. 2002).published
- United States v. Urrieta, 520 F.3d 569 (6th Cir. 2008).published
- George Karnes v. Thomas Skrutski, in His Individual Capacity Edward Kowalski, in His Individual Capacity, 62 F.3d 485 (3d Cir. 1995).published
- Hill v. Commonwealth, No. 180681 (Va. Aug. 30, 2019).published
- Kansas v. Glover, 589 U.S. 376 (2020).published
- State of Maine v. Joshua Lovell, 2022 ME 49, 281 A.3d 651.published
- State of Maine v. Timothy Barclift, 2022 ME 50, 282 A.3d 607.published
- United States v. Terrence Jordan, 100 F.4th 714 (6th Cir. 2024).published
- Bracken v. Manor Twp., 665 F. Supp. 3d 675 (W.D. Pa. 2023).published
- Com. v. Anderson, S., 276 A.3d 282, 2022 PA Super 95 (Pa. Super. Ct. 2022).published
- Williams v. State of Florida, No. 2D2023-2200 (Fla. 2d DCA Oct. 1, 2025).published
- State v. Stone, 350 A.3d 786 (Md. 2026).published
- State v. Avila, No. 1 CA-CR 25-0320 (Ariz. Ct. App. Aug. 27, 2026).published
At page 11 Reasonableness of police stops and court second-guessing34 citing cases“the reasonableness of the officer's decision to stop a suspect does not turn on the availability of less intrusive investigatory techniques.”
- Rossi v. Town of Pelham, 35 F. Supp. 2d 58 (D.N.H. 1997).published “the reasonableness of the officer's decision to stop a suspect does not turn on the availability of less intrusive investigatory techniques.”
- Rossi v. Pelham, No. CV-96-139-SD (D.N.H. Sept. 29, 1997).published (The result [of the district court's analysis] was to create a standard tantamount to requiring government agents to adopt the 14 least intrusive means possible. In the package detention milieu, we think this was plain…)
- State v. Fisher, 725 S.E.2d 40 (N.C. Ct. App. 2012).published (Any one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent travel. But we think taken together they amount to reasonable suspicion.)
- State v. Barnard, 658 S.E.2d 643 (N.C. 2008).published
- United States v. Simmons, 172 F.3d 775 (11th Cir. 1999).published
- United States v. Clay William Long, 42 F.3d 1389 (6th Cir. 1994).unpublished
- United States v. Irvin Bumpers, 705 F.3d 168 (4th Cir. 2013).published
- People v. Maikhio, 253 P.3d 247 (Cal. 2011).published
- People v. Johnson, 231 Cal. App. 3d 1 (Cal. Ct. App. 1991).published
- People v. Brueckner, 223 Cal. App. 3d 1500 (Cal. Ct. App. 1990).published
Show 24 more citing cases
- State v. Clark, 2003 WI App 121, 666 N.W.2d 112.published
- Johnson v. State, 813 A.2d 161 (Del. 2001).published
- People v. Raymond C., 196 P.3d 811 (Cal. 2008).published
- United States v. $85,688.00 in United States Currency, 577 F. App'x 811 (10th Cir. 2014).unpublished
- United States v. Paetsch, 782 F.3d 1162 (10th Cir. 2015).published
- People v. Brown, 353 P.3d 305 (Cal. 2015).published
- State v. Hill, Unpublished Decision (4-17-2000), No. 1999 CA 00196 (Ohio Ct. App. 5th Dist. Apr. 17, 2000).unpublished
- State v. Patrick H. Dalton, 2018 WI 85, 914 N.W.2d 120.published
- State of Iowa v. Destiny Brown, No. 18-0747 (Iowa Ct. App. May 1, 2019).published
- United States v. Ibrahim McCants, 952 F.3d 416 (3d Cir. 2020).published
- United States v. Toddrey Willie Bruce, 977 F.3d 1112 (11th Cir. 2020).published
- Evans v. Lindley, No. 21-20118 (5th Cir. Dec. 2, 2021).unpublished
- Dorato v. Smith, 108 F. Supp. 3d 1064 (D.N.M. 2015).published
- Martin v. City of Albuquerque, 147 F. Supp. 3d 1298 (D.N.M. 2015).published
- James v. Chavez, 830 F. Supp. 2d 1208 (D.N.M. 2011).published
- Tanner v. San Juan Cnty. Sheriff's Off., 864 F. Supp. 2d 1090 (D.N.M. 2012).published
- United States v. Jeremiah Brown, No. 22-1243 (8th Cir. May 9, 2023).unpublished
- Holmes v. Reddoch, No. 2:19-cv-12749, 2021 WL 1063069 (E.D. La. Mar. 18, 2021).
- People v. Reed, 2025 IL App (5th) 240074-U.unpublished
- People of Guam v. Joseph Quichocho Taimanglo II (aka Joseph Quichocho Taimanglo; aka Baby Joe; aka Joseph Quintanilla Taimanglo II), 2025 Guam 7 (Guam 2025).published
- State v. Marcin Staszak, No. 2025AP001832-CR (Wis. Ct. App. July 23, 2026).unpublished
- McCrea, No. 4:25-cv-10476 (D.S.C. Aug. 17, 2026).
- Seekamp v. Michaud, 109 F.3d 802 (1st Cir. 1997).published“The reasonableness of the officer’s decision to stop a suspect does not turn on the availability of less intrusive investigatory techniques.”
- United States v. Koyomejian, 970 F.2d 536 (9th Cir. 1992).published“The reasonableness of the officer’s decision to stop a suspect does not turn on the availability of less intrusive investigatory techniques.”
At page 3 Determining reasonable suspicion for a stop22 citing casesholding DEA agents had reasonable suspicion to stop Sokolow after evidence from his travel plans and demeanor raised the agents’ suspicion of his involvement in illegal drug activity
- George Karnes v. Thomas Skrutski, in His Individual Capacity Edward Kowalski, in His Individual Capacity, 62 F.3d 485 (3d Cir. 1995).published
- State of Maine v. Timothy Barclift, 2022 ME 50, 282 A.3d 607.published
- United States v. Terrence Jordan, 100 F.4th 714 (6th Cir. 2024).published
- United States v. Dennison, 410 F.3d 1203 (10th Cir. 2005).published
- United States v. Alvarado, 154 F. App'x 730 (10th Cir. 2005).unpublished
- United States v. Danny Virgil Malone, 886 F.2d 1162 (9th Cir. 1989).published
- United States v. Bennie Ree White, 890 F.2d 1413 (8th Cir. 1989).published
- United States v. Robin Nurse, 916 F.2d 20 (D.C. Cir. 1990).published
- United States v. Altin Shelby, 954 F.2d 728 (9th Cir. 1992).unpublished
- United States v. Victor Manuel Mendoza, Aka: Javier Reyes Mendoza, 61 F.3d 913 (9th Cir. 1995).unpublished
Show 11 more citing cases
- United States v. William Deago Sales, 64 F.3d 661 (4th Cir. 1995).unpublished
- State v. Guzman, 879 P.2d 114 (N.M. Ct. App. 1994).published
- State v. Williams, 591 N.W.2d 823 (Wis. 1999).published
- United States v. Mathurin, 561 F.3d 170 (3d Cir. 2009).published
- United States v. Yulian Villavicencio, 825 F. App'x 88 (4th Cir. 2020).unpublished
At page 12 Defining reasonable suspicion for brief detentions23 citing cases[B]efore detaining an individual, law enforcement officers must reasonably suspect that he is engaged in, or poised to commit, a criminal act at that moment.
- Com. v. Lance, J., No. 1330 WDA 2023 (Pa. Super. Ct. July 2, 2024).unpublished([B]efore detaining an individual, law enforcement officers must reasonably suspect that he is engaged in, or poised to commit, a criminal act at that moment.)
- State v. Hill, Unpublished Decision (4-17-2000), No. 1999 CA 00196 (Ohio Ct. App. 5th Dist. Apr. 17, 2000).unpublished
- United States v. Larry Lee White, A/K/A Felix Idleburg, United States of Am. v. Doris Wade A/K/A Janice Handson, 890 F.2d 1012 (8th Cir. 1990).published
- United States v. Vincent D. Millan, 912 F.2d 1014 (8th Cir. 1990).published
- United States v. Albert Wilson, 953 F.2d 116 (4th Cir. 1991).published
- United States v. Michael A. Respress, 9 F.3d 483 (6th Cir. 1993).published
- United States v. Robert M. Carthorn, 35 F.3d 567 (6th Cir. 1994).unpublished
- United States v. Kelly Lorenzo Byrd, Jr., 47 F.3d 1170 (6th Cir. 1995).unpublished
- United States v. Sean Sowards, 690 F.3d 583 (4th Cir. 2012).published
- United States v. Santiago, 846 F. Supp. 1486 (D. Wyo. 1994).published
Show 10 more citing cases
- People v. Jones, 545 N.E.2d 1332 (Ill. App. Ct. 1st Dist. 1989).published
- People v. Coulombe, 86 Cal. App. 4th 52 (Cal. Ct. App. 2000).published
- United States v. Ezeiruaku, 754 F. Supp. 420 (E.D. Pa. 1990).published
- Mendoza v. City of Rome, 70 F. Supp. 2d 137 (N.D.N.Y. 1999).published
At page 5 Establishing reasonable suspicion for drug trafficking investigation12 citing casesnoting that “[Respondent] appeared to be very nervous and was looking all around the waiting area,” but that "one taking an evasive path through an airport might be seeking to avoid a confrontation with an angry acquaintance or with a creditor
- United States v. Christopher Hawthorne, Also Known as Xavier Bratton, 982 F.2d 1186 (8th Cir. 1992).published
- Hill v. Commonwealth, No. 180681 (Va. Aug. 30, 2019).published
- United States v. Dennison, 410 F.3d 1203 (10th Cir. 2005).published
- United States v. Jorge M. Navedo-Colon, 996 F.2d 1337 (1st Cir. 1993).published
- United States v. Rigoberto Garcia-Solorzano & Senel Ramos-Toros, 67 F.3d 309 (9th Cir. 1995).unpublished
- Aaron Joshua v. Don Dewitt, 341 F.3d 430 (6th Cir. 2003).published
- United States v. Antonio R. Henry, 429 F.3d 603 (6th Cir. 2005).published
- State v. McKinney, 23 P.3d 386 (Or. Ct. App. 2001).published
- Mason v. Commonwealth, 786 S.E.2d 148 (Va. 2016).published
- United States v. Jose Granados, No. 20-10289 (9th Cir. Mar. 2, 2022).unpublished
At page 2 Defining reasonable suspicion for investigatory stops9 citing casesreasonable suspicion requires “some minimal level of objective justification for making a stop” but “less than the level of suspicion required for probable cause.
- Holmes v. Reddoch, No. 2:19-cv-12749, 2021 WL 1063069 (E.D. La. Mar. 18, 2021).
- United States v. Dennison, 410 F.3d 1203 (10th Cir. 2005).published
- George William Ferguson, Jr. v. Commonwealth of Virginia, No. 2483112 (Va. Ct. App. Jan. 29, 2013).unpublished
- State of Tennessee v. Srirasack Srisavath, No. M2000-02159-CCA-R3-CD (Tenn. Crim. App. Mar. 8, 2001).published
- Commonwealth v. Holloway, 384 S.E.2d 99 (Va. Ct. App. 1989).published
- Com. v. Anderson, K., No. 2476 EDA 2014 (Pa. Super. Ct. Dec. 8, 2015).unpublished
- Commonwealth v. Privette, 491 Mass. 501 (2023).published
- Moody v. Gartha, No. 2:24-cv-10120 (E.D. Mich. Jan. 2, 2025).
- Amaru v. Rhome Police Dep't, No. 4:22-cv-01090 (N.D. Tex. Mar. 18, 2025).
At page 13 Challenging stops based on police profiling and stereotypes8 citing cases“profile's 'chameleon-like way of adapting to any particular set of observations”
- State of Maine v. Joshua Lovell, 2022 ME 49, 281 A.3d 651.published
- State v. Hill, Unpublished Decision (4-17-2000), No. 1999 CA 00196 (Ohio Ct. App. 5th Dist. Apr. 17, 2000).unpublished
- United States v. Michael Dale Fletcher, 91 F.3d 48 (8th Cir. 1996).published
- Nicholas P. Marrocco v. Funds in the Amount of One Hun, 901 F.3d 758 (7th Cir. 2018).published
- State v. Arceo-Rojas, 458 P.3d 272 (Kan. Ct. App. 2020).published
- State v. Peter Nyema (085146)(Mercer Cnty. & Statewide), 267 A.3d 449 (N.J. 2022).published
- State v. Jamar J. Myers (082858)(Mercer Cnty. & Statewide), No. A-40-20 (N.J. Jan. 25, 2022).published
- People v. Bivens, 2021 IL App (1st) 172080-U.unpublished
At page 6 Analyzing reasonable suspicion for airport stops7 citing casesthat he was involved in drug trafficking when they stopped him at the airport. Respondent then entered a conditional plea of guilty to the offense charged. The…
- United States v. Larry Dale Wangler, 987 F.2d 228 (5th Cir. 1993).published
- United States v. Jose Maria Rojo-Aguilar, 960 F.2d 153 (9th Cir. 1992).unpublished
- United States v. Stein, 694 F. Supp. 2d 1231 (D. Kan. 2010).published
- People v. Souza, 885 P.2d 982 (Cal. 1994).published
- State of Arizona v. Dale Lee Evans, 332 P.3d 61 (Ariz. Ct. App. 2014).published
- Handy v. Fisher, No. 1:18-cv-00789 (D. Colo. Apr. 28, 2020).
- Taylor v. Kemp, No. 4:19-cv-00236 (S.D. Ga. Mar. 28, 2022).
At page 4 Describing the facts of a drug smuggling attempt4 citing casesdiscussing, as a “typical attempt” to smuggle narcotics, purchasing tickets with a large amount of cash on hand
- United States v. Dunnigan, No. 23-6353 mtn (2d Cir. Feb. 12, 2025).unpublished The jury heard about Dunnigan and Lloyd’s attempt to fly out of 15 the Buffalo airport, which was thwarted when Lloyd was stopped for carrying tens of thousands 16 of dollars in cash. 4 At the airport, Lloyd arranged to meet up with an age…
- United States v. Dennison, 410 F.3d 1203 (10th Cir. 2005).published
- United States v. Alvarado, 154 F. App'x 730 (10th Cir. 2005).unpublished
- State v. Guzman, 879 P.2d 114 (N.M. Ct. App. 1994).published
109 S. Ct. at 1584 Determining probable cause for detention in government office3 citing casesdetention occurring in Drug Enforcement Administration's airport office found not to require probable cause
- United States v. Leo J. Tavolacci, 895 F.2d 1423 (D.C. Cir. 1990).published (detention occurring in Drug Enforcement Administration's airport office found not to require probable cause)
- United States v. Christopher Hawthorne, Also Known as Xavier Bratton, 982 F.2d 1186 (8th Cir. 1992).published
- Derricott v. State, 611 A.2d 592 (Md. 1992).published
109 S. Ct. at 1581 Reasonableness of stop decision not dependent on less intrusive techniques3 citing casesconsidering, inter alia, fact that suspect made unusually short trip to the drug source city of Miami
- United States v. Ramiro Rodriguez, 997 F.2d 1306 (9th Cir. 1993).published
- State v. Yeargan, 958 S.W.2d 626 (Tenn. 1997).published
- State v. Magner, 956 P.2d 519 (Ariz. Ct. App. 1998).published
At page 18 Analyzing factors for reasonable suspicion in drug courier profiles3 citing cases“had all the classic aspects of a drug courier.”
- State v. Stovall, 788 A.2d 746 (N.J. 2002).published
- State v. Loftin, 680 A.2d 677 (N.J. 1996).published
- Winchester v. Ward, No. 4:19-cv-02653 (N.D. Cal. June 3, 2020).
v.
Sokolow
Lead Opinion
delivered the opinion of the Court.
Respondent Andrew Sokolow was stopped by Drug Enforcement Administration (DEA) agents upon his arrival at Honolulu International Airport. The agents found 1,063 grams of cocaine in his carry-on luggage. When respondent was stopped, the agents knew, inter alia, that (1) he paid $2,100 for two airplane tickets from a roll of $20 bills; (2) he traveled under a name that did not match the name under which his telephone number was listed; (3) his original destination was Miami, a source city for illicit drugs; (4) he stayed in Miami for only 48 hours, even though a round-trip flight from Honolulu to Miami takes 20 hours; (5) he appeared nervous during his trip; and (6) he checked none of his luggage. A divided panel of the United States Court of Appeals for the Ninth Circuit held that the DEA agents did not have a reasonable suspicion to stop respondent, as required by the Fourth Amendment. 831 F. 2d 1413 (1987). We take the contrary view.
[*4] This case involves a typical attempt to smuggle drugs through one of the Nation’s airports.[1] On a Sunday in July 1984, respondent went to the United Airlines ticket counter at Honolulu Airport, where he purchased two round-trip tickets for a flight to Miami leaving later that day. The tickets were purchased in the names of “Andrew Kray” and “Janet Norian” and had open return dates. Respondent paid $2,100 for the tickets from a large roll of $20 bills, which appeared to contain a total of $4,000. He also gave the ticket agent his home telephone number. The ticket agent noticed that respondent seemed nervous; he was about 25 years old; he was dressed in a black jumpsuit and wore gold jewelry; and he was accompanied by a woman, who turned out to be Janet Norian. Neither respondent nor his companion checked any of their four pieces of luggage.
After the couple left for their flight, the ticket agent informed Officer John McCarthy of the Honolulu Police Department of respondent’s cash purchase of tickets to Miami. Officer McCarthy determined that the telephone number respondent gave to the ticket agent was subscribed to a “Karl Herman,” who resided at 348-A Royal Hawaiian Avenue in Honolulu. Unbeknownst to McCarthy (and later to the DEA agents), respondent was Herman’s roommate. The ticket agent identified respondent’s voice on the answering machine at Herman’s number. Officer McCarthy was unable to find any listing under the name “Andrew Kray” in Hawaii. McCarthy subsequently learned that return reservations from Miami to Honolulu had been made in the names of Kray and Norian, with their arrival scheduled for July 25, three days after respondent and his companion had left. He also learned that Kray and Norian were scheduled to make stopovers in Denver and Los Angeles.
[*5] On July 25, during the stopover in Los Angeles, DEA agents identified respondent. He “appeared to be very nervous and was looking all around the waiting area.” App. 43-44. Later that day, at 6:30 p.m., respondent and Norian arrived in Honolulu. As before, they had not checked their luggage. Respondent was still wearing a black jumpsuit and gold jewelry. The couple proceeded directly to the street and tried to hail a cab, where Agent Richard Kempshall and three other DEA agents approached them. Kempshall displayed his credentials, grabbed respondent by the arm, and moved him back onto the sidewalk. Kempshall asked respondent for his airline ticket and identification; respondent said that he had neither. He told the agents that his name was “Sokolow,” but that he was traveling under his mother’s maiden name, “Kray.”
Respondent and Norian were escorted to the DEA office at the airport. There, the couple’s luggage was examined by “Donker,” a narcotics detector dog, which alerted on respondent’s brown shoulder bag. The agents arrested respondent. He was advised of his constitutional rights and declined to make any statements. The agents obtained a warrant to search the shoulder bag. They found no illicit drugs, but the bag did contain several suspicious documents indicating respondent’s involvement in drug trafficking. The agents had Donker reexamine the remaining luggage, and this time the dog alerted on a medium-sized Louis Vuitton bag. By now, it was 9:30 p.m., too late for the agents to obtain a second warrant. They allowed respondent to leave for the night, but kept his luggage. The next morning, after a second dog confirmed Donker’s alert, the agents obtained a warrant and found 1,063 grams of cocaine inside the bag.
Respondent was indicted for possession with the intent to distribute cocaine in violation of 21 U. S. C. § 841(a)(1). The United States District Court for Hawaii denied his motion to suppress the cocaine and other evidence seized from his luggage, finding that the DEA agents had a reasonable suspicion[*6] that he was involved in drug trafficking when they stopped him at the airport. Respondent then entered a conditional plea of guilty to the offense charged.
The United States Court of Appeals for the Ninth Circuit reversed respondent’s conviction by a divided vote, holding that the DEA agents did not have a reasonable suspicion to justify the stop. 831 F. 2d, at 1423.[2] The majority divided the facts bearing on reasonable suspicion into two categories. In the first category, the majority placed facts describing “ongoing criminal activity,” such as the use of an alias or evasive movement through an airport; the majority believed that at least one such factor was always needed to support a finding of reasonable suspicion. Id., at 1419. In the second category, it placed facts describing “personal characteristics” of drug couriers, such as the cash payment for tickets, a short trip to a major source city for drugs, nervousness, type of attire, and unchecked luggage. Id., at 1420. The majority believed that such characteristics, “shared by drug couriers and the public at large,” were only relevant if there was evidence of ongoing criminal behavior and the Government offered “[e]mpirical documentation” that the combination of facts at issue did not describe the behavior of “significant numbers of innocent persons.” Ibid. Applying this two-part test to the facts of this case, the majority found that there was no evidence of ongoing criminal behavior, and thus that the agents’ stop was impermissible. The dissenting judge took the view that the majority’s approach was “overly mechanistic” and “contrary to the case-by-case determination of reasonable articulable suspicion based on all the facts.” Id., at 1426.
[*7] We granted certiorari to review the decision of the Court of Appeals, 486 U. S. 1042 (1988), because of its serious implications for the enforcement of the federal narcotics laws. We now reverse.
The Court of Appeals held that the DEA agents seized respondent when they grabbed him by the arm and moved him back onto the sidewalk. 831 F. 2d, at 1416. The Government does not challenge that conclusion, and we assume— without deciding — that a stop occurred here. Our decision, then, turns on whether the agents had a reasonable suspicion that respondent was engaged in wrongdoing when they encountered him on the sidewalk. In Terry v. Ohio, 392 U. S. 1, 30 (1968), we held that the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity “may be afoot,” even if the officer lacks probable cause.
The officer, of course, must be able to articulate something more than an “inchoate and unparticularized suspicion or ‘hunch.’” Id., at 27. The Fourth Amendment requires “some minimal level of objective justification” for making the stop. INS v. Delgado, 466 U. S. 210, 217 (1984). That level of suspicion is considerably less than proof of wrongdoing by a preponderance of the evidence. We have held that probable cause means “a fair probability that contraband or evidence of a crime will be found,” Illinois v. Gates, 462 U. S. 213, 238 (1983), and the level of suspicion required for a Terry stop is obviously less demanding than that for probable cause, see United States v. Montoya de Hernandez, 473 U. S. 531, 541, 544 (1985).
The concept of reasonable suspicion, like probable cause, is not “readily, or even usefully, reduced to a neat set of legal rules.” Gates, supra, at 232. We think the Court of Appeals’ effort to refine and elaborate the requirements of “reasonable suspicion” in this case creates unnecessary difficulty in dealing with one of the relatively simple concepts embod[*8]ied in the Fourth Amendment. In evaluating the validity of a stop such as this, we must consider “the totality of the circumstances — the whole picture.” United States v. Cortez, 449 U. S. 411, 417 (1981). As we said in Cortez:
“The process does not deal with hard certainties, but with probabilities. Long before the law of probabilities was articulated as such, practical people formulated certain common-sense conclusions about human behavior; jurors as factfinders are permitted to do the same — and so are law enforcement officers.” Id., at 418.
The rule enunciated by the Court of Appeals, in which evidence available to an officer is divided into evidence of “ongoing criminal behavior,” on the one hand, and “probabilistic” evidence, on the other, is not in keeping with the quoted statements from our decisions. It also seems to us to draw a sharp line between types of evidence, the probative value of which varies only in degree. ' The Court of Appeals classified evidence of traveling under an alias, or evidence that the suspect took an evasive or erratic path through an airport, as meeting the test for showing “ongoing criminal activity.” But certainly instances are conceivable in which traveling under an alias would not reflect ongoing criminal activity: for example, a person who wished to travel to a hospital or clinic for an operation and wished to conceal that fact. One taking an evasive path through an airport might be seeking to avoid a confrontation with an angry acquaintance or with a creditor. This is not to say that each of these types of evidence is not highly probative, but they do not have the sort of ironclad significance attributed to them by the Court of Appeals.
On the other hand, the factors in this case that the Court of Appeals treated as merely “probabilistic” also have probative significance. Paying $2,100 in cash for two airplane tickets is out of the ordinary, and it is even more out of the ordinary to pay that sum from a roll of $20 bills containing nearly twice that amount of cash. Most business travelers, we feel confident, purchase airline tickets by credit card or check so as to[*9] have a record for tax or business purposes, and few vacationers carry with them thousands of dollars in $20 bills. We also think the agents had a reasonable ground to believe that respondent was traveling under an alias; the evidence was by no means conclusive, but it was sufficient to warrant consideration.[3] While a trip from Honolulu to Miami, standing alone, is not a cause for any sort of suspicion, here there was more: surely few residents of Honolulu travel from that city for 20 hours to spend 48 hours in Miami during the month of July.
Any one of these factors is not by itself proof of any illegal conduct and is quite consistent with innocent travel. But we think taken together they amount to reasonable suspicion. See Florida v. Royer, 460 U. S. 491, 502 (1983) (opinion of White, J.); id., at 515-516 (Blackmun, J., dissenting); id., at 523-524 (Rehnquist, J., dissenting).[4] We said in Reid v. Georgia, 448 U. S. 438 (1980) (per curiam), “there could, of course, be circumstances in which wholly lawful conduct might justify the suspicion that criminal activity was afoot.” Id., at 441.[5] Indeed, Terry itself involved “a series of acts,[*10] each of them perhaps innocent” if viewed separately, “but which taken together warranted further investigation. ” 392 U. S., at 22; see also Cortez, supra, at 417-419. We noted in Gates, 462 U. S., at 243-244, n. 13, that “innocent behavior will frequently provide the basis for a showing of probable cause,” and that “[i]n making a determination of probable cause the relevant inquiry is not whether particular conduct is ‘innocent’ or ‘guilty,’ but the degree of suspicion that attaches to particular types of noncriminal acts.” That principle applies equally well to the reasonable suspicion inquiry.
We do not agree with respondent that our analysis is somehow changed by the agents’ belief that his behavior was consistent with one of the DEA’s “drug courier profiles.”[6] Brief for Respondent 14-21. A court sitting to determine the existence of reasonable suspicion must require the agent to articulate the factors leading to that conclusion, but the fact that these factors may be set forth in a “profile” does not somehow detract from their evidentiary significance as seen by a trained agent.
Respondent also contends that the agents were obligated to use the least intrusive means available to verify or dispel their suspicions that he was smuggling narcotics. Id., at 12-13, 21-23. In respondent’s view, the agents should have simply approached and spoken with him, rather than forcibly detaining him. He points to the statement in Florida v. Royer, supra, at 500 (opinion of White, J.), that “the in[*11]vestigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer’s suspicion in a short period of time.” That statement, however, was directed at the length of the investigative stop, not at whether the police had a less intrusive means to verify their suspicions before stopping Royer. The reasonableness of the officer’s decision to stop a suspect does not turn on the availability of less intrusive investigatory techniques. Such a rule would unduly hamper the police’s ability to make swift, on-the-spot decisions — here, respondent was about to get into a taxicab — and it would require courts to “indulge in ‘unrealistic second-guessing.’” Montoya de Hernandez, 473 U. S., at 542, quoting United States v. Sharpe, 470 U. S. 675, 686, 687 (1985).
We hold that the agents had a reasonable basis to suspect that respondent was transporting illegal drugs on these facts. The judgment of the Court of Appeals is therefore reversed, and the case is remanded for further proceedings consistent with our decision.
It is so ordered.
The facts in this case were developed at suppression hearings held in the District Court over three separate days. The parties also stipulated to certain facts.
In an earlier decision, the Court of Appeals also reversed the District Court, but on the basis of different reasoning. 808 F. 2d 1366, vacated, 831 F. 2d 1413 (1987). The Court of Appeals’ second decision was issued after the Government petitioned for rehearing on the ground that the court had erred in considering each of the facts known to the agents separately rather than in terms of the totality of the circumstances.
Respondent also claims that the agents should have conducted a further inquiry to resolve the inconsistency between the name he gave the airline and the name, “Karl Herman,” under which his telephone number was listed. Brief for Respondent 26. This argument avails respondent nothing; had the agents done further checking, they would have discovered not only that respondent was Herman’s roommate but also that his name was “Sokolow” and not “Kray,” the name listed on his ticket.
In Royer, the police were aware, inter alia, that (1) Royer was traveling under an assumed name; (2) he paid for his ticket in cash with a number of small bills; (3) he was traveling from Miami to New York; (4) he put only his name and not an address on his checked luggage; and (5) he seemed nervous while walking through Miami airport. 460 U. S., at 493, n. 2, 502 (opinion of White, J.).
In Reid, the Court held that a DEA agent stopped the defendant without reasonable suspicion. At the time of the stop, the agent knew that (1) the defendant flew into Atlanta from Fort Lauderdale, a source city for cocaine; (2) he arrived early in the morning, when police activity was believed to be at a low ebb; (3) he did not check his luggage; and (4) the defendant[*10] and his companion appeared to be attempting to hide the fact that they were together. The Court held that the first three of these facts were not sufficient to supply reasonable suspicion, because they “describe a very large category of presumably innocent travelers,” while the last fact was insufficient on the facts of that case to establish reasonable suspicion. 448 U. S., at 441.
Agent Kempshall testified that respondent’s behavior “had all the classic aspects of a drug courier.” App. 59. Since 1974, the DEA has trained narcotics officers to identify drug smugglers on the basis of the sort of circumstantial evidence at issue here.
Dissent
dissenting.
Because the strongest advocates of Fourth Amendment rights are frequently criminals, it is easy to forget that our interpretations of such rights apply to the innocent and the guilty alike. Illinois v. Gates, 462 U. S. 213, 290 (1983) (Brennan, J., dissenting). In the present case, the chain of events set in motion when respondent Andrew Sokolow was stopped by Drug Enforcement Administration (DEA) agents at Honolulu International Airport led to the discovery of cocaine and, ultimately, to Sokolow’s conviction for drug trafficking. But in sustaining this conviction on the ground that the agents reasonably suspected Sokolow of ongoing criminal activity, the Court diminishes the rights of all citizens “to be secure in their persons,” U. S. Const., Arndt. 4, as they[*12] traverse the Nation’s airports. Finding this result constitutionally impermissible, I dissent.
The Fourth Amendment cabins government’s authority to intrude on personal privacy and security by requiring that searches and seizures usually be supported by a showing of probable cause. The reasonable-suspicion standard is a derivation of the probable-cause command, applicable only to those brief detentions which fall short of being full-scale searches and seizures and which are necessitated by law enforcement exigencies such as the need to stop ongoing crimes, to prevent imminent crimes, and to protect law enforcement officers in highly charged situations. Terry v. Ohio, 392 U. S. 1, 30 (1968). By requiring reasonable suspicion as a prerequisite to such seizures, the Fourth Amendment protects innocent persons from being subjected to “overbearing or harassing” police conduct carried out solely on the basis of imprecise stereotypes of what criminals look like, or on the basis of irrelevant personal characteristics such as race. Id., at 14-15, and n. 11 (citation omitted).
To deter such egregious police behavior, we have held that a suspicion is not reasonable unless officers have based it on “specific and articulable facts.” Id., at 21; see also United States v. Brignoni-Ponce, 422 U. S. 873, 880 (1975). It is not enough to suspect that an individual has committed crimes in the past, harbors unconsummated criminal designs, or has the propensity to commit crimes. On the contrary, before detaining an individual, law enforcement officers must reasonably suspect that he is engaged in, or poised to commit, a criminal act at that moment. See, e. g., Brown v. Texas, 443 U. S. 47, 51 (1979) (to detain, officers must “have a reasonable suspicion, based on objective facts, that the individual is involved in criminal activity”); Terry, supra, at 30 (reasonable suspicion exists only where policeman reasonably concludes, inter alia, “that criminal activity may be afoot”). The rationale for permitting brief, warrantless seizures is, after all, that it is impractical to demand strict compliance[*13] with the Fourth Amendment’s ordinary probable-cause requirement in the face of ongoing or imminent criminal activity demanding “swift action predicated upon the on-the-spot observations of the officer on the beat.” Terry, supra, at 20. Observations raising suspicions of past criminality demand no such immediate action, but instead should appropriately trigger routine police investigation, which may ultimately generate sufficient information to blossom into probable cause.
Evaluated against this standard, the facts about Andrew Sokolow known to the DEA agents at the time they stopped him fall short of reasonably indicating that he was engaged at the time in criminal activity. It is highly significant that the DEA agents stopped Sokolow because he matched one of the DEA’s “profiles” of a paradigmatic drug courier. In my view, a law enforcement officer’s mechanistic application of a formula of personal and behavioral traits in deciding whom to detain can only dull the officer’s ability and determination to make sensitive and fact-specific inferences “in light of his experience,” Terry, supra, at 27, particularly in ambiguous or borderline cases. Reflexive reliance on a profile of drug courier characteristics runs a far greater risk than does ordinary, case-by-case police work of subjecting innocent individuals to unwarranted police harassment and detention. This risk is enhanced by the profile’s “chameleon-like way of adapting to any particular set of observations.” 831 F. 2d 1413, 1418 (CA9 1987). Compare, e. g., United States v. Moore, 675 F. 2d 802, 803 (CA6 1982) (suspect was first to deplane), cert. denied, 460 U. S. 1068 (1983), with United States v. Mendenhall, 446 U. S. 544, 564 (1980) (last to deplane), with United States v. Buenaventura-Ariza, 615 F. 2d 29, 31 (CA2 1980) (deplaned from middle); United States v. Sullivan, 625 F. 2d 9, 12 (CA4 1980) (one-way tickets), with United States v. Craemer, 555 F. 2d 594, 595 (CA6 1977) (round-trip tickets), with United States v. McCaleb, 552 F. 2d 717, 720 (CA6 1977) (nonstop flight), with United States v. Sokolow, 808 F. 2d 1366, 1370 (CA9), vacated, 831 F. 2d 1413[*14] (1987) (case below) (changed planes); Craemer, supra, at 595 (no luggage), with United States v. Sanford, 658 F. 2d 342, 343 (CA5 1981) (gym bag), cert. denied, 455 U. S. 991 (1982), with Sullivan, supra, at 12 (new suitcases); United States v. Smith, 574 F. 2d 882, 883 (CA6 1978) (traveling alone), with United States v. Fry, 622 F. 2d 1218, 1219 (CA5 1980) (traveling with companion); United States v. Andrews, 600 F. 2d 563, 566 (CA6 1979) (acted nervously), cert. denied sub nom. Brooks v. United States, 444 U. S. 878 (1979), with United States v. Himmelwright, 551 F. 2d 991, 992 (CA5) (acted too calmly), cert. denied, 434 U. S. 902 (1977). In asserting that it is not “somehow” relevant that the agents who stopped Sokolow did so in reliance on a prefabricated profile of criminal characteristics, ante, at 10, the majority thus ducks serious issues relating to a questionable law enforcement practice, to address the validity of which we granted certiorari in this case.[1]
That the factors comprising the drug courier profile relied on in this case are especially dubious indices of ongoing criminal activity is underscored by Reid v. Georgia, 448 U. S. 438 (1980), a strikingly similar case. There, four facts, encoded in a drug courier profile, were alleged in support of the DEA’s detention of a suspect at the Atlanta Airport. First, Reid had arrived from Fort Lauderdale, Florida, a source city for cocaine. Second, he arrived in the early morning, when law enforcement activity is diminished. Third, he and his companion appeared to have no luggage other than their shoulder bags. And fourth, he and his companion appeared to be trying to conceal the fact that they were traveling together. Id., at 440-441.
This collection of facts, we held, was inadequate to support a finding of reasonable suspicion. All but the last of these facts, we observed, “describe a very large category of pre[*15]sumably innocent travelers, who would be subject to virtually random seizures were the Court to conclude that as little foundation as there was in this case could justify a seizure.” Id., at 441. The sole fact that suggested criminal activity was that Reid “preceded another person and occasionally looked backward at him as they proceeded through the concourse.” Ibid. This observation did not of itself provide a reasonable basis for suspecting wrongdoing, for inferring criminal activity from such evidence reflected no more than an “‘inchoate and unparticularized suspicion or “hunch.”’” Ibid., quoting Terry, 392 U. S., at 27.[2]
The facts known to the DEA agents at the time they detained the traveler in this case are scarcely more suggestive of ongoing criminal activity than those in Reid. Unlike traveler Reid, who sought to conceal the fact that he was traveling with a companion, and who even attempted to run away after being approached by a DEA agent, 448 U. S., at 439, traveler Sokolow gave no indications of evasive activity. On the contrary, the sole behavioral detail about Sokolow noted by the DEA agents was that he was nervous. With news accounts proliferating of plane crashes, near collisions, and air terrorism, there are manifold and good reasons for being agitated while awaiting a flight, reasons that have nothing to do with one’s involvement in a criminal endeavor.
The remaining circumstantial facts known about Sokolow, considered either singly or together, are scarcely indicative of criminal activity. Like the information disavowed in Reid as nonprobative, the fact that Sokolow took a brief trip to a[*16] resort city for which he brought only carry-on luggage also “describe[s] a very large category of presumably innocent travelers.” Id., at 441. That Sokolow embarked from Miami, “a source city for illicit drugs,” ante, at 3, is no more suggestive of illegality; thousands of innocent persons travel from “source cities” every day and, judging from the DEA’s testimony in past cases, nearly every major city in the country may be characterized as a source or distribution city. See, e. g., Buenaventura-Ariza, 615 F. 2d, at 31, n. 5. That Sokolow had his phone listed in another person’s name also does not support the majority’s assertion that the DEA agents reasonably believed Sokolow was using an alias; it is commonplace to have one’s phone registered in the name of a roommate, which, it later turned out, was precisely what Sokolow had done.[3] That Sokolow was dressed in a black jumpsuit and wore gold jewelry also provides no grounds for suspecting wrongdoing, the majority’s repeated and unexplained allusions to Sokolow’s style of dress notwithstanding. Ante, at 4, 5. For law enforcement officers to base a search, even in part, on a “pop” guess that persons dressed in a particular fashion are likely to commit crimes not only stretches the concept of reasonable suspicion beyond recognition, but also is inimical to the self-expression which the choice of wardrobe may provide.
Finally, that Sokolow paid for his tickets in cash indicates no imminent or ongoing criminal activity. The majority “feel[s] confident” that “[m]ost business travelers . . . purchase airline tickets by credit card or check.” Ante, at 8. Why the majority confines its focus only to “business travelers” I do not know, but I would not so lightly infer ongoing crime from the use of legal tender. Making major cash purchases, while surely less common today, may simply reflect the traveler’s aversion to, or inability to obtain, plastic[*17] money. Conceivably, a person who spends large amounts of cash may be trying to launder his proceeds from past criminal enterprises by converting them into goods and services. But, as I have noted, investigating completed episodes of crime goes beyond the appropriately limited purview of the brief, Terry-style seizure. Moreover, it is unreasonable to suggest that, had Sokolow left the airport, he would have been gone forever and thus immune from subsequent investigation. Ante, at 11. Sokolow, after all, had given the airline his phone number, and the DEA, having ascertained that it was indeed Sokolow’s voice on the answering machine at that number, could have learned from that information where Sokolow resided.
The fact is that, unlike the taking of patently evasive action, Florida v. Rodriguez, 469 U. S. 1, 6 (1984), the use of an alias, Florida v. Royer, 460 U. S. 491, 502 (1983), the casing of a store, Terry, supra, at 6, or the provision of a reliable report from an informant that wrongdoing is imminent, Illinois v. Gates, 462 U. S., at 225-227, nothing about the characteristics shown by airport traveler Sokolow reasonably suggests that criminal activity is afoot. The majority’s hasty conclusion to the contrary serves only to indicate its willingness, when drug crimes or antidrug policies are at issue, to give short shrift to constitutional rights. See, e. g., Skinner v. Railway Labor Executives’ Assn., 489 U. S. 602, 636 (1989) (Marshall, J., dissenting).[4] In requiring that seizures be based on at least some evidence of criminal conduct, 831 F. 2d, at 1419, the Court of Appeals was faithful to the Fourth Amendment principle that law enforcement offi[*18]cers must reasonably suspect a person of criminal activity before they can detain him. Because today’s decision, though limited to its facts, ante, at 11, disobeys this important constitutional command, I dissent.
Even if such profiles had reliable predictive value, their utility would be short lived, for drug couriers will adapt their behavior to sidestep detection from profile-focused officers.
Nor was Reid a close case: eight Members of the Court found the challenged detention insupportable, five of whom saw fit to dispose of the case by reversing the court below in a per curiam opinion. In a separate concurrence, Justice Powell, joined by Chief Justice Burger and Justice Blackmun, agreed that “the fragmentary facts apparently relied on by the DEA agents” provided “no justification” for Reid’s detention. 448 U. S., at 442, n. 1. Only then-JusTiCE Rehnquist, the author of today’s majority opinion, dissented, on the ground that the police conduct involved did not implicate Reid’s constitutional rights. Id., at 442.
That Sokolow was, in fact, using an alias was not known to the DEA agents until after they detained him. Thus, it cannot legitimately be considered as a basis for the seizure in this case.
The majority also contends that it is not relevant that the DEA agents, in forcibly stopping Sokolow rather than simply speaking with him, did not “use the least intrusive means available.” Ante, at 10. On the contrary, the manner in which a search is carried out — and particularly whether law enforcement officers have taken needlessly intrusive steps — is a highly important index of reasonableness under Fourth Amendment doctrine. See, e. g., Winston v. Lee, 470 U. S. 753, 760-761 (1985).