United States v. Aida Serna-Barreto, 842 F.2d 965 (7th Cir. 1988). · Go Syfert
United States v. Aida Serna-Barreto, 842 F.2d 965 (7th Cir. 1988). Cases Citing This Book View Copy Cite
151 citation events (33 in the last 25 years) across 26 distinct courts.
Strongest positive: Doornbos v. City of Chicago (ca7, 2017-08-18)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Doornbos v. City of Chicago
7th Cir. · 2017 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
f an encounter with the police is not coercive, the fourth amendment is not in play in even an attenuated form and the officer is not required to demonstrate that he had even an articulable suspicion.
examined Cited as authority (quoted) State v. Maahs
Idaho · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
it would be a sad day for the people of the united states if police had carte blanche to point a gun at each and every person of whom they had an 'articulable suspicion' of engaging in criminal activity.
examined Cited as authority (quoted) State v. Maahs
Idaho · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
it would be a sad day for the people of the united states if police had carte blanche to point a gun at each and every person of whom they had an 'articulable suspicion' of engaging in criminal activity.
cited Cited as authority (rule) United States v. Roger Pace
7th Cir. · 2022 · confidence medium
Indeed, we have noted expressly that in a consen- sual encounter “the degree of suspicion [that is] required is zero.” United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir. 1988).
discussed Cited as authority (rule) Estate of Jason Ike Pero, by Personal Representative Holly Gauthier v. County of Ashland
W.D. Wis. · 2022 · confidence medium
United States v. Hensley, 469 U.S. 221, 235 (1985) (police officers were “well within the permissible range in the context of suspects who are reported to be armed and dangerous” in approaching, with their guns drawn, a vehicle they had stopped); United States v. Serna–Barreto, 842 F.2d 965, 968 (7th Cir. 1988) (officers’ drawing of guns did not automatically escalate investigatory stop into an arrest where officers’ safety required such a measure).
discussed Cited as authority (rule) United States v. Guerrero
1st Cir. · 2021 · confidence medium
And balance typically requires an appreciation of the "community['s]" interest "in being free from the menace of crime" and the "individual['s]" interest "in being left alone by the police." See United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir. 1988) (Posner, J., for the court); see also United States v. Hensley, 469 U.S. 221, 228 (1985).
discussed Cited as authority (rule) MITCHELL v. CITY OF INDIANAPOLIS
S.D. Ind. · 2020 · confidence medium
See, e.g., United States v. Johnson, 170 F.3d 708, 716 (7th Cir. 1999) (“[T]he police may order the driver out of [his] car after a lawful vehicle stop even in the absence of reasonable suspicion that the driver is armed.”); United States v. Serna-Barreto, 842 F.2d 965, 968 (7th Cir. 1988) (holding that officers’ drawing guns did not automatically escalate investigatory stop into an arrest where officers’ safety required such a measure); Smith v. Ball State Univ., 295 F.3d 763 , make a warrantless arrest consistent with the Fourth Amendment if there is ‘probable cause to believe that…
discussed Cited as authority (rule) John E. Wrenn v. State of Mississippi
Miss. Ct. App. · 2018 · confidence medium
Id.; see also, e.g., United States v. Sanders, 994 F.2d 200, 203-11 (5th Cir. 1993) (holding that an officer was justified in drawing his weapon and handcuffing suspect as part of a Terry stop when responding to a call about a suspicious person carrying a gun); United States v. Serna-Barreto, 842 F.2d 965, 967-68 (7th Cir. 1988) (holding that an officer was justified in drawing his weapon as part of a nighttime Terry stop of possibly armed suspects who “were seated in a car” and thus not in “full view” of the officer). ¶19.
discussed Cited as authority (rule) United States v. Dave Anglin
7th Cir. · 2015 · confidence medium
And although Anglin correctly notes that some of our earlier decisions look to officers’ intent in determining the scope of a seizure, see United States v. Smith, 3 F.3d 1088, 1095 (7th Cir.1993); United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988), more recent cases have explained that an officer’s subjective intent is irrelevant for purposes of Fourth Amendment analyses, see Bullock, 632 F.3d at 1012 ; United States v. Garcia, 376 F.3d 648, 651 (7th Cir.2004); United States v. Weaver, 8 F.3d 1240, 1243 (7th Cir.1993).
cited Cited as authority (rule) United States v. Butler
W.D. Pa. · 2015 · confidence medium
See United States v. Jackson, 652 F.2d 244, 250 (2d Cir.1981); United States v. Serna-Barreto, 842 F.2d 965, 968 (7th Cir.1988).
discussed Cited as authority (rule) Denise Green v. City & County of San Francisco
9th Cir. · 2014 · confidence medium
Compare United, States v. Thompson, 906 F.2d 1292, 1297 (8th Cir.1990) (finding presence of seven squad cars to be a factor in determining that intrusive actions taken by police against two suspects in car constituted an arrest); Washington, 98 F.3d at 1190 (finding arrest where two suspects outnumbered by four officers and police dog because “ratio of officers to suspects” weighs against reasonableness of intrusive action); with United States v. Jacobs, 715 F.2d 1343, 1346 (9th Cir.1983) (finding it reasonable for single officer to order two suspects out of car at gunpoint shortly after r…
discussed Cited as authority (rule) Reid v. State (2×)
Md. · 2012 · confidence medium
United States v. Ocampo, 890 F.2d 1363, 1369 (7th Cir.1989) (citing, among other cases, United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988)).
discussed Cited as authority (rule) Jackson v. Johnson
D. Mont. · 2011 · confidence medium
In Lambert , the Ninth Circuit quoted with approval the Seventh Circuit’s observation that "[i]t would be a sad day for the people of the United States if police had carte blanche to point a gun at each and every person of whom they had an 'articulable suspicion’ of engaging in criminal activity.” 98 F.3d at 1188 -89 (quoting United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988)).
discussed Cited as authority (rule) United States v. Rivera (2×) also: Cited "see"
7th Cir. · 2004 · confidence medium
See Lechuga, 925 F.2d at 1040 ; United States v. Serna-Barreto, 842 F.2d 965, 967-68 (7th Cir.1988).
discussed Cited as authority (rule) Flowers v. Fiore (2×)
1st Cir. · 2004 · confidence medium
See, e.g., United States v. Alvarez, 899 F.2d 833, 838 (9th Cir.1990), cert. denied, 498 U.S. 1024 , 111 S.Ct. 671 , 112 L.Ed.2d 663 (1991); United States v. Taylor, 857 F.2d 210, 214 (4th Cir.1988); United States v. Serna-Barreto, 842 F.2d 965, 968 (7th Cir.1988); United States v. Jones, 759 F.2d 633, 638 (8th Cir.), cert. denied, 474 U.S. 837 , 106 S.Ct. 113 , 88 L.Ed.2d 92 (1985); United States v. Jackson, 652 F.2d 244, 249 (2d Cir.1981).
cited Cited as authority (rule) United States v. Lee
N.D. Ill. · 2004 · confidence medium
See Chaidez, 919 F.2d at 1198 ; United States v. Serna-Barreto, 842 F.2d 965, 968 (7th Cir.1988).
discussed Cited as authority (rule) Brown v. City of Milwaukee (2×) also: Cited "see"
E.D. Wis. · 2003 · confidence medium
Id. at 1227 (quoting United States v. Serna-Barreto, 842 F.2d 965, 968 (7th Cir.1988)).
discussed Cited as authority (rule) United States v. Ellis (2×) also: Cited "see"
7th Cir. · 2003 · confidence medium
There is no bright line between an arrest and an investigatory stop, but among the relevant factors are the “officer’s intent, impression conveyed, length of stop, questions asked, [and] search made.” United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988).
discussed Cited as authority (rule) United States v. Eunice Husband (2×)
7th Cir. · 2000 · confidence medium
In addition, the community has a strong interest "in being free from the menace of crime . . . ." United States v. Serna-Bareto, 842 F.2d 965, 966 (7th Cir. 1988).
cited Cited as authority (rule) United States v. Husband, Eunice
7th Cir. · 2000 · confidence medium
In addition, the community has a strong interest "in being free from the menace of crime . . . ." United States v. Serna-Bareto, 842 F.2d 965, 966 (7th Cir. 1988).
cited Cited as authority (rule) United States of America,plaintiff-Appellee v. Gordon Thornton, Garrick Jackson, Kirk Reynolds, and Michael Harris
7th Cir. · 1999 · confidence medium
Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319 , 75 L.Ed.2d 229 (1983); United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir. 1988).
discussed Cited as authority (rule) Gallegos v. City of Colorado Springs
10th Cir. · 1997 · confidence medium
Although an officer’s subjective intent is a factor that may be considered in determining whether a stop has escalated into an arrest, see United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988); United Slates v. Morin, 665 F.2d 765, 769 (5th Cir.1982); United States v. White, 648 F.2d 29, 34 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233 (1981), subjective intent is not determinative.
discussed Cited as authority (rule) Jose Gallegos v. City Of Colorado Springs
10th Cir. · 1997 · confidence medium
Although an officer's subjective intent is a factor that may be considered in determining whether a stop has escalated into an arrest, see United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988); United States v. Morin, 665 F.2d 765, 769 (5th Cir.1982); United States v. White, 648 F.2d 29, 34 (D.C.Cir.), cert. denied, 454 U.S. 924 , 102 S.Ct. 424 , 70 L.Ed.2d 233 (1981), subjective intent is not determinative.
discussed Cited as authority (rule) United States v. Lenin M. Jerez and Carlos M. Solis (2×)
7th Cir. · 1997 · confidence medium
See id. at 304 (“The time of day, coupled with the openness of the officers’ approach ..., rules out the possible dangers to their persons which might have resulted from a similar unannounced call in the dead of the night.”); United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988) (length of time is most important consideration in determining whether restraint is investigatory stop or full-fledged arrest).
discussed Cited as authority (rule) United States v. Edwards
10th Cir. · 1996 · confidence medium
The district court also correctly noted that “[l]ength of time is the most important consideration in determining whether a restraint is a stop or a full-fledged arrest.” Edwards, slip op. at 9 (citing United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988)).
discussed Cited as authority (rule) 96 Cal. Daily Op. Serv. 7855, 96 Daily Journal D.A.R. 13,034 George Washington Darryl Hicks v. Skystone-Eagle Lambert City of Santa Monica, and Bob Grant (2×)
9th Cir. · 1996 · confidence medium
It would be a sad day for the people of the United States if police had carte blanche to point a gun at each and every person of whom they had an 'articulable suspicion' of engaging in criminal activity. 31 United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988) (Posner, J.) (citation omitted). 32 Finally, whether the police physically restrict the suspect's liberty is an important factor in analyzing the degree of intrusion effected by the stop.
discussed Cited as authority (rule) Washington v. Lambert (2×)
9th Cir. · 1996 · confidence medium
United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988) (Posner, J.) (citation omitted).
discussed Cited as authority (rule) United States v. Anthony Deberry (2×)
7th Cir. · 1996 · confidence medium
This is why the pointing of a gun at the person stopped does not transform a stop into an arrest, United States v. Vega, 72 F.3d 507, 515 (7th Cir.1995); United States v. Tilmon, 19 F.3d 1221, 1226-28 (7th Cir.1994); United States v. Serna-Barreto, 842 F.2d 965, 967-68 (7th Cir.1988), if in the circumstances (as here, unlike the circumstances of United States v. Novak, 870 F.2d 1345, 1351-53 (7th Cir.1989)) the pointing of the gun is a prudent measure of self-protection; and remember that the officer quickly returned his gun to its holster.
discussed Cited as authority (rule) United States v. Tomas Rodriguez
7th Cir. · 1995 · confidence medium
With regard to the third category, the consensual encounter, “the degree of suspicion that is required is zero.” Withers, 972 F.2d at 841 (quoting United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988)); see Mendenhall, 446 U.S. at 557-58 , 100 S.Ct. at 1878-79 .
cited Cited as authority (rule) Lester v. Brown
N.D. Ill. · 1995 · confidence medium
See Tilmon, 19 F.3d at 1227 (drawing of weapons on suspected bank robber who threatened to use explosives was not unreasonable); United States v. Serna-Barreto, 842 F.2d 965, 968 (7th Cir.1988).
discussed Cited as authority (rule) United States v. Richard Maldonado
7th Cir. · 1994 · confidence medium
In a consensual encounter such as that which was found to have occurred in the instant case, “the degree of sus *940 picion that is required is zero.” Edwards, 898 F.2d at 1276 (quoting United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988)). 2 .
discussed Cited as authority (rule) Edwards v. Cabrera
N.D. Ill. · 1994 · confidence medium
In such a consensual encounter, “ ‘the degree of suspicion that is required is zero.’” United States v. Edwards, 898 F.2d 1273, 1276 (7th Cir.1990) (quoting United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988)).
discussed Cited as authority (rule) Frigo v. Guerra
N.D. Ill. · 1994 · confidence medium
Because the latter category of detention falls short of an all-out arrest, less suspicion is required to justify it (United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988); accord, United States v. Perdue, 8 F.3d 1455, 1463 (10th Cir.1993) (“Although effectuating a Terry stop by pointing guns at a suspect may elevate a seizure to an ‘arrest’ in most scenarios, it was not unreasonable under these circumstances”)).
discussed Cited as authority (rule) United States v. Spencer Ray Tilmon (2×)
7th Cir. · 1994 · confidence medium
United States v. Chaidez, 919 F.2d 1193, 1197 (7th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 2861 , 115 L.Ed.2d 1028 (1991), citing United States v. Sema-Barreto, 842 F.2d 965, 966 (7th Cir.1988).
discussed Cited as authority (rule) United States v. Ronald N. Weaver
7th Cir. · 1993 · confidence medium
See Graham v. Connor, 490 U.S. 386, 396-97 , 109 S.Ct. 1865, 1871-72 , 104 L.Ed.2d 443 (1989); United States v. Sharpe, 470 U.S. 675, 685-86 , 105 S.Ct. 1568, 1575 , 84 L.Ed.2d 605 (1985); United States v. Glenna, 878 F.2d 967, 971 (7th Cir.1989); United States v. Serna-Baweto, 842 F.2d 965, 966-68 (7th Cir.1988); see also United States v. Lechuga, 925 F.2d 1035, 1039-41 (7th Cir.1991); United States v. Chaidez, 919 F.2d 1193, 1197-99 (7th Cir.1990), cert. denied, — U.S. —, 112 S.Ct. 209 , 116 L.Ed.2d 167 (1991).
discussed Cited as authority (rule) United States v. Vincent Anthony Perdue
10th Cir. · 1993 · confidence medium
See, e.g., United States v. Alvarez, 899 F.2d 833, 838 (9th Cir.1990), cert. denied, 498 U.S. 1024 , 111 S.Ct. 671 , 112 L.Ed.2d 663 (1991); United States v. Taylor, 857 F.2d 210, 214 (4th Cir.1988); United States v. Serna-Barreto, 842 F.2d 965, 968 (7th Cir.1988); United States v. Jones, 759 F.2d 633, 638 (8th Cir.), cert. denied, 474 U.S. 837 , 106 S.Ct. 113 , 88 L.Ed.2d 92 (1985); United States v. Jackson, 652 F.2d 244, 249 (2d Cir.), cert. denied, 454 U.S. 1057 , 102 S.Ct. 605 , 70 L.Ed.2d 594 (1981). *1463 In the present ease, the officers were justified in displaying some force.
discussed Cited as authority (rule) United States v. Zachery Lee Wilson
7th Cir. · 1993 · confidence medium
Similarly, in United States v. Serna-Barreto, 842 F.2d 965, 968 (7th Cir.1988), we declined to find that an arrest had automatically been effectuated when the police officers had drawn guns because we recognized that in that case officer safety required such a measure.
discussed Cited as authority (rule) State v. Romero
Ariz. Ct. App. · 1993 · confidence medium
Also compare United States v. Harrington, 923 F.2d 1371, 1373 (9th Cir.1991) (gunpoint stop and order to lie on ground of suspect fitting description of armed bank robber who had shot another officer justified and not arrest), cert, denied, — U.S. -, 112 S.Ct. 164 , 116 L.Ed.2d 128 (1991); United States v. Serna-Barreto, 842 F.2d 965, 967-68 (7th Cir.1988) (reasonable to point gun at person detained when sole officer faced two suspected drug dealers seated in car at night); United States v. Trullo, 809 F.2d 108, 113 (1st Cir.1987) (permissible to draw gun during Terry stop when officer legit…
cited Cited as authority (rule) United States v. Kevin R. Smith, Dalian C. Stewart, and Steve Taylor
7th Cir. · 1993 · confidence medium
United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988).
cited Cited as authority (rule) United States v. Antonio v. Thompson
7th Cir. · 1993 · confidence medium
In order to initiate a stop or make these requests, "the degree of suspicion required is zero." United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988).
discussed Cited as authority (rule) United States v. Hatch (2×) also: Cited "see"
N.D. Ind. · 1993 · confidence medium
With regard to the third category, the consensual encounter, “the degree of suspicion that is required is zero.” United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988); Williams, 945 F.2d at 195 .
discussed Cited as authority (rule) Richard E. Maxwell v. The City of Indianapolis, Sergeant Harry Gurnell, Officer Dennis Rahn, and Officer George Diehl
7th Cir. · 1993 · confidence medium
The police have probable cause to arrest an individual when “ ‘the. facts and circumstances within their knowledge and of which, they [have] reasonably trustworthy information [are] sufficient to warrant,a prudent [person] in believing that the [suspect] had committed or was committing an offense.’ ” United States v. Goudy, 792 F.2d 664, 668 (7th Cir.1986) (quoting Beck v. Ohio, 379 U.S. 89, 91 , 85 S.Ct. 223, 225 , 13 L.Ed.2d 142 (1964)); see also United States v. Ingrao, *434 897 F.2d 860, 862 (7th Cir.1990); United States v. Sernas-Barreto, 842 F.2d 965, 966 (7th Cir.1988).
discussed Cited as authority (rule) United States v. Robert Earl Sanders
5th Cir. · 1993 · confidence medium
United States v. Alexander, 907 F.2d 269, 273 (2d Cir.1990), ce rt. denied, 498 U.S. 1095 , 111 S.Ct. 983 , 112 L.Ed.2d 1067 (1991); United States v. Salas, 879 F.2d 530, 535-36 (9th Cir.), cert. denied, 493 U.S. 979 , 110 S.Ct. 507 , 107 L.Ed.2d 509 (1989); United States v. Lego, 855 F.2d 542, 545 (8th Cir.1988); United States v. Serna-Barreto, 842 F.2d 965, 967-68 (7th Cir.1988); United States v. Trullo, 809 F.2d 108, 113 (1st Cir.), cert. denied, 482 U.S. 916 , 107 S.Ct. 3191 , 96 L.Ed.2d 679 (1987); United States v. Hardnett, 804 F.2d 353, 357 (6th Cir.1986), ce rt. denied, 479 U.S. 1097 ,…
cited Cited as authority (rule) United States v. Jose Maria Soto-Lopez
7th Cir. · 1993 · confidence medium
Florida v. Bostick, 111 S.Ct. 2382, 2386 (1991); United States v. Williams, 945 F.2d 192, 196 (7th Cir.1991); United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir. 1988).
discussed Cited as authority (rule) United States v. Alice Withers
7th Cir. · 1992 · confidence medium
With regard to the third category, the consensual encounter, “the degree of suspicion that is required is zero.” United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988); Williams, 945 F.2d at 195 .
discussed Cited as authority (rule) United States v. Cynthia Carrie Williams
7th Cir. · 1991 · confidence medium
Elaborating on the third category, this court has held that in a consensual encounter “the degree of suspicion that is required is zero.” United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988).
cited Cited as authority (rule) United States v. Paul S. Ferguson
7th Cir. · 1991 · confidence medium
In this sort of police/citizen encounter, ‘the degree of suspicion that is required is zero.’ United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988).” Edwards, 898 F.2d at 1276 .
discussed Cited as authority (rule) United States v. Aurelio Carrasco Lechuga and Samuel Lechuga
7th Cir. · 1991 · confidence medium
Past cases examining the issue of when a vehicle stop and subsequent questioning crosses the dim and wavering boundary that distinguishes Terry stops from arrests, see United States v. Serna-Barreto, 842 F.2d 965, 967 (7th Cir.1988), wisely shun the task of announcing “a bright-line test to determine when, given the ‘endless variations in facts and circumstances,’ police-citizen encounters exceed the bounds of mere investigative stops.” Ocampo, 890 F.2d at 1368 -69 (quoting Florida v. Royer, 460 U.S. 491, 506-07 , 103 S.Ct. 1319, 1329 , 75 L.Ed.2d 229 (1983)).
examined Cited as authority (rule) United States v. Armando Chaidez, Lilia Silva, and Manuel Chavira (4×)
7th Cir. · 1991 · confidence medium
It is "common sense that if the Fourth Amendment is intended to strike a balance between the interest of the individual in being left alone by the police and the interest of the community in being free from the menace of crime, the less the interest of the individual is impaired the less the interest of the community need be impaired to justify the restraint." United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988).
discussed Cited as authority (rule) United States v. Claude High
7th Cir. · 1990 · confidence medium
Because in a consensual police-citizen encounter, “the degree of suspicion that is required is zero,” United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988), we need not address the question of whether the officers had reasonable suspicion to approach High and Caldwell.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Aida SERNA-BARRETO, Defendant-Appellant
87-1441.
Court of Appeals for the Seventh Circuit.
Mar 29, 1988.
842 F.2d 965
Michael Wilkie, Steven B. Muslin, Ltd., Chicago, Ill., for defendant-appellant., Zaldwaynaka L. Scott, Asst. U.S. Atty., Anton R. Valukas, U.S. Atty., Chicago, Ill., for plaintiff-appellee.
Cudahy, Posner, Flaum.
Cited by 86 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 80%
Citer courts: Idaho Supreme Court (2)
POSNER, Circuit Judge.

Aida Serna-Barreto was convicted of possession of cocaine with intent to distribute (21 U.S.C. § 841(a)(1)) and sentenced to seven years in prison. The only question raised by her appeal is whether the government exceeded its right under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), to stop a suspect briefly for investigative purposes even if probable cause is lacking for an arrest. The cocaine that Serna-Barreto was convicted of possessing was seized in the course of a “Terry stop” that, she contends, was really an arrest.

Narcotics agents in Chicago were following Rodrigo Cleves, whom they suspected[*966] of smuggling cocaine into this country from Colombia. One evening, shortly after the agents saw Cleves drive up to and enter a restaurant, a car registered to another suspected cocaine trafficker and driven by a third person, Germain Valencia, arrived at the restaurant. Valencia went in and shortly afterward Serna-Barreto and a male companion arrived on foot and went in too. Chicago Police Lieutenant Maurice Dailey recognized Sema-Barreto because he had arrested her several years previously for possession of cocaine.

An agent entered the restaurant to keep watch on the four suspects, all of whom sat down at the same table and began passing a small plastic box back and forth among them, both under and over the table. Drawing on his general experience as a narcotics investigator, the agent surmised that either negotiations for a narcotics purchase were in progress or a sample of the merchandise was being passed around for inspection. The agent went to a telephone, called the radio dispatcher, and told him to tell the agents outside, “It looks good.”

The four suspects left the restaurant about an hour after they had arrived. They stood outside the restaurant for several minutes, then split up. Cleves and Valencia drove away in Cleves’ car. Ser-na-Barreto and her companion went to the car that Valencia had arrived in. She slid into the driver’s seat and her companion into the front passenger’s seat. As soon as they were seated, Officer Dailey, who was in plainclothes, approached the driver’s side of the car, apparently with his gun pointed at the occupants (although the record is sketchy on this point and the details uncertain, the government concedes and we shall assume that the gun was indeed pointed at them), showed his police identification, and told Sema-Barreto to get out. As she did so, she tossed a plastic cassette box (the same box that had been passed around in the restaurant) under the car. Dailey retrieved the box, discovered cocaine in it, and arrested Sema-Barreto. The district judge held that Dailey had not exceeded the lawful scope of a Terry stop in ordering Sema-Barreto out of the car and that therefore the cocaine seized as a result of the stop was admissible in evidence against her.

The Fourth Amendment has been interpreted to forbid police to arrest a person without probable cause, which is to say a high degree of suspicion that the person has committed a crime. An arrest is a profound and deeply resented interference with the liberty of the person, and to allow police to arrest people on anything less than a high degree of suspicion would restrict personal liberty more than has been thought justified by the needs of public security. When the restriction is less than that involved in a full-fledged arrest, the degree of suspicion required is less. If all that is involved is a police officer’s accosting a person and asking him whether he would be willing to answer a few questions, the degree of suspicion required is zero. Florida v. Royer, 460 U.S. 491, 497-98, 103 S.Ct. 1319, 1323-24, 75 L.Ed.2d 229 (1983) (plurality opinion). The intermediate case is that of the investigatory stop. If the police have enough suspicion to be able to articulate it (“articulable suspicion”)— that is, if they have more than a pure hunch — they can stop a person briefly to ask him a few questions or to pat him down if they think he may have a weapon. They cannot take him down to the station house; that would be an arrest.

The reason for creating the intermediate category, the investigatory stop, is not merely the appealing symmetry of a “sliding scale” approach — though that is relevant, since it is common sense that if the Fourth Amendment is intended to strike a balance between the interest of the individual in being left alone by the police and the interest of the community in being free from the menace of crime, the less the interest of the individual is impaired the less the interest of the community need be impaired to justify the restraint. But beyond that, it is hard to see how criminal investigations could proceed if the police could never restrict a suspect’s freedom of action, however briefly, without having probable cause to make an arrest. The facts of this case illustrate the problem as[*967] well as any. Knowing what they did about two of the four people sitting around that table at the Mateos Restaurant, about the person in whose name the car driven by Valencia was registered, and about the mo-dus operandi of drug traffickers, the police had a reasonable suspicion that when Ser-na-Barreto and her companion (bodyguard?) left the restaurant and got into the car that had been driven there by Valencia, she was carrying cocaine just purchased from a smuggler. The objective basis for their belief may not have been strong enough to allow them to arrest her, but if they let her drive away there was a substantial probability (it was night) that they would “lose” her and the drugs. In these circumstances it was natural and sensible to stop her from leaving for long enough to ask her what her business had been in the restaurant and what she was doing in a car that did not belong to her and that she had not arrived in, and to hope that her answers would supply the additional information needed to make an arrest on probable cause. Because the investigatory stop was interrupted when she tried to secrete the cocaine, we don’t know how long the stop would have lasted. But a Terry stop is not invalidated by the possibility that, if it had not been interrupted almost before it began, it might have gone on for too long to count as a mere stop.

The distinction between a stop and an arrest is one of degree, so it is not surprising that the courts have had difficulty in coming up with a bright-line test. Instead they have tended to follow the laundry-list approach, well illustrated by the list (not exhaustive) of factors (all relevant, none decisive, and no indication of how to weigh or compare them) in United States v. White, 648 F.2d 29, 34 (D.C.Cir.1981): officer’s intent, impression con veyed, length of stop, questions asked, search made. Length of time seems the most important consideration in deciding whether a restraint is a mere stop or a full-fledged arrest, because it is a direct measure of the degree to which the citizen’s freedom of action has been interfered with. But it cannot be the only factor. Remember that we are trying to balance the individual’s interest in being left alone by the police with the community’s interest in effective enforcement of the criminal laws. The individual’s interest is measured not only by the duration of the restraint but also by the fear or humiliation which it engenders. It makes a difference whether the police merely insist that the suspect stop and answer a few questions and submit to a pat down or whether they manacle him or conduct a strip search.

This brings us to the most problematic element of this case, which is that Officer Dailey (we are assuming) pointed his gun at Serna-Barreto when he ordered her out of the car. The significance of this is not that it assured compliance with his order. A stop is a stop; if an encounter with the police is not coercive, the Fourth Amendment is not in play in even an attenuated form and the officer is not required to demonstrate that he had even an articula-ble suspicion. The significance of the pointed gun is that it makes the encounter far more frightening than if the officer’s gun remains holstered, or even drawn but pointed down at his side; and certainly where the danger of the encounter to the officer, though potentially serious, is not clear and present, the deliberate pointing of a gun at the suspect is problematic. See United States v. White, supra, 648 F.2d at 34 n. 27. It would be a sad day for the people of the United States if police had carte blanche to point a gun at each and every person of whom they had an “articu-lable suspicion” of engaging in criminal activity.

But this case falls short of that ominous prospect. Among the considerations supporting the district judge’s determination that this was a lawful stop are, first, that the encounter occurred at night; second, that the suspects were suspected on more than a hunch or an uncorroborated informer’s tip of narcotics offenses; third, that many drug traffickers are armed and they sometimes shoot policemen; fourth, that there were two suspects and (at first) only one officer (others were on the scene, and assisted in the arrest of Serna-Barreto and her companion after she tried to grab the[*968] cassette box back from Dailey); fifth, that because the suspects were seated in a car the officer did not have them in full view (see Pennsylvania v. Mimms, 434 U.S. 106, 110, 98 S.Ct. 330, 333, 54 L.Ed.2d 331 (1977) (per curiam)); and sixth, that — surprising as this may seem — Serna-Barreto testified that she was not scared by the gun. It seems that somehow Officer Dai-ley was able to deploy his weapon in a fashion that protected him without appearing to menace the person at whom it was pointed. Although subjective belief is not determinative on whether an ostensible stop is actually an arrest, Sema-Barreto’s testimony is strong evidence in an otherwise sketchy record that, if Officer Dailey did in fact point his gun at her, he did so in a manner that protected him without unduly threatening her.

The constellation of facts to which we have referred entitled the district judge to conclude that Dailey acted reasonably in a situation of potential danger and did not make an illegal arrest. This conclusion would be unavailing if a Terry stop always turns into an arrest as soon as an officer points his gun at the suspect, but while a divided panel opinion in the Ninth Circuit suggests such a rule, United States v. Strickler, 490 F.2d 378, 380 (9th Cir.1974), this cannot be right, especially where as in the present case the officer is doing it to protect himself, a qualification implicit in a later Ninth Circuit decision, United States v. Ramos-Zaragosa, 516 F.2d 141, 144 (9th Cir.1975). The Tenth Circuit has held that there is no such per se rule. See United States v. Merritt, 695 F.2d 1263, 1272-74 (10th Cir.1982). Although we are troubled by the thought of allowing policemen to stop people at the point of a gun when probable cause to arrest is lacking, we are unwilling to hold that an investigative stop is never lawful when it can be effectuated safely only in that manner. It is not nice to have a gun pointed at you by a policeman but it is worse to have a gun pointed at you by a criminal, so there is a complex tradeoff involved in any proposal to reduce (or increase) the permissible scope of investigatory stops. We need not decide in this case just how great that scope should be, though clearly we are near the outer edge.

United States v. Ceballos, 654 F.2d 177 (2d Cir.1981), the decision that after Strick-ler is the most helpful to Serna-Barreto, is distinguishable from the present case. Policemen in three cars blocked Ceballos’ car and, approaching him with drawn guns, ordered him out and frisked him. The court could find no justification for this massive show of force. But here it was prudent for Officer Dailey when approaching the two suspects alone to do so with drawn gun. Ceballos has been read narrowly. See, e.g., United States v. Jones, 759 F.2d 633, 639-41 (8th Cir.1985). Cebal-los does, however, engender a residual doubt in our minds, because the suspects remained for several minutes standing in front of the restaurant where they could have been approached with less danger to the officers than after the suspects got into a car, and because the record does not make clear why Dailey approached the car by himself when there were other officers on the scene. But we are not equipped to supervise police tactics minutely. The police may not have wanted to give away their presence to Cleves and Valencia, and may have felt that rushing the car en masse would alert the occupants prematurely.

Affirmed.