United States v. Alfredo Gutierrez-Daniez, 131 F.3d 939 (10th Cir. 1997). · Go Syfert
United States v. Alfredo Gutierrez-Daniez, 131 F.3d 939 (10th Cir. 1997). Cases Citing This Book View Copy Cite
“an investigative detention must be temporary, lasting no longer than necessary to effectuate the purpose of the detention. the scope of the detention must be carefully tailored to its underlying justification.”
80 citation events (44 in the last 25 years) across 4 distinct courts.
Strongest positive: Montgomery v. Lore (ca10, 2023-12-13)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 43 distinct citers.
examined Cited as authority (verbatim quote) Montgomery v. Lore
10th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
an investigative detention must be temporary, lasting no longer than necessary to effectuate the purpose of the detention. the scope of the detention must be carefully tailored to its underlying justification.
discussed Cited as authority (verbatim quote) United States v. Moya-Matute (2×) also: Cited as authority (rule)
D.N.M. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
n area's dis position towards criminal activity is an articulable fact that may be considered along with more particularized factors to support reasonable suspicion.
discussed Cited as authority (verbatim quote) United States v. Moya-Matute (2×) also: Cited as authority (rule)
D.N.M. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
n area's disposition towards criminal activity is an articulable fact that may be considered along with more particularized factors to support reasonable suspicion.
cited Cited as authority (rule) Cyeef-Din v. Onken
D.N.M. · 2022 · confidence medium
United States v. Gutierrez–Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997).
discussed Cited as authority (rule) United States v. Briggs
10th Cir. · 2013 · confidence medium
See DeJear, 552 F.3d at 1200-01 (holding reasonable suspicion ex *1293 isted where officers approached a parked car in a high-crime area, the defendant passenger was nervous and made furtive hand movements, and another passenger had a baseball bat, which could be used as a weapon); United States v. Gutierrez-Daniez, 131 F.3d 939, 942-43 (10th Cir.1997) (holding reasonable suspicion existed where defendant was in area known for heroin sales, he was “apparently soliciting a number of pedestrians,” although it was possible “he was just panhandling,” and he “appeared quite uneasy”).
discussed Cited as authority (rule) United States v. Matthews
10th Cir. · 2012 · confidence medium
“This approach is intended to avoid unrealistic second-guessing of police officers’ decisions and to accord appropriate deference to the ability of a trained law enforcement officer to distinguish between innocent and suspicious actions.” United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997) (quotations omitted).
discussed Cited as authority (rule) United States v. Roberts (2×)
D. Kan. · 2008 · confidence medium
Arriving at reasonable suspicion is a process dealing with probabilities, not hard certainties, “ ‘as understood by those versed in the field of law enforcement.’ ” United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (1997) (quoting United States v. Cortez, 449 U.S. 411, 418 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998).
cited Cited as authority (rule) United States v. Guerrero
10th Cir. · 2007 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997).
discussed Cited as authority (rule) United States v. Ortega
D. Kan. · 2005 · confidence medium
United States v. Guiterrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Lindsey, 288 F.Supp.2d 1196, 1202 (D.Kan.2003). 21 .
cited Cited as authority (rule) United States v. Olivas
D. Kan. · 2004 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998).
cited Cited as authority (rule) United States v. Moten
10th Cir. · 2004 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 941 (10th Cir.1997).
examined Cited as authority (rule) United States v. Lambert (4×)
D. Kan. · 2004 · confidence medium
“The law does not specify a minimum of factors necessary to constitute reasonable suspicion.” United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997) (citation omitted), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998).
discussed Cited as authority (rule) United States v. White
D. Kan. · 2004 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Lindsey, 288 F.Supp.2d 1196, 1202 (D.Kan.2003). 9 .
discussed Cited as authority (rule) United States v. Urrea-Leal
D. Kan. · 2004 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997). 8 .
discussed Cited as authority (rule) United States v. Brown
D. Kan. · 2004 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), ce rt. denied 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 *1116 (1998); United States v. Lindsey, 288 F.Supp.2d 1196, 1202 (D.Kan.2003). 21 .
discussed Cited as authority (rule) United States v. Alcaraz-Arellano (2×)
D. Kan. · 2004 · confidence medium
“While the necessary level of suspicion is considerably less than proof of wrongdoing by a preponderance of the evidence, the Fourth Amendment requires some minimal level of objective justification.” United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997) (quotation and citation omitted), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998).
discussed Cited as authority (rule) United States v. Parada
D. Kan. · 2003 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied 523 U.S. 1035, 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997). 13 .
discussed Cited as authority (rule) United States v. Lindsey
D. Kan. · 2003 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997). 10 .
discussed Cited as authority (rule) United States v. Rivera
D. Kan. · 2003 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998) (citing United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997)). 17 .
discussed Cited as authority (rule) United States v. Garza
D. Utah · 2003 · confidence medium
The scope of the detention must be carefully tailored to its underlying justification.” United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997) (citing United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997)).
cited Cited as authority (rule) United States v. Lopez-Guzman
D. Kan. · 2003 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997).
discussed Cited as authority (rule) United States v. Fisher (2×)
D. Kan. · 2002 · confidence medium
“While the necessary level of suspicion is considerably less than proof of wrongdoing by a preponderance of the evidence, the Fourth Amendment requires some minimal level of objective justification.” United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997) (quotation and citation omitted), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998).
cited Cited as authority (rule) Gonzales v. City of Topeka, Kansas
D. Kan. · 2002 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997).
discussed Cited as authority (rule) United States v. Hbaiu
D. Kan. · 2002 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997). 20 .
cited Cited as authority (rule) United States of America v. Curtis Dennis Callarman
10th Cir. · 2001 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 940-41 (10th Cir.1997).
cited Cited as authority (rule) United States v. Maio
D. Kan. · 2001 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997).
cited Cited as authority (rule) United States v. Wright
D. Kan. · 2001 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997).
cited Cited as authority (rule) United States v. Cervine
D. Kan. · 2001 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997).
cited Cited as authority (rule) United States v. Arreola-Delgado
D. Kan. · 2001 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir.1997).
discussed Cited as authority (rule) United States v. Hishaw
10th Cir. · 2000 · signal: cf. · confidence medium
Cf. United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997) (stating that an officer “ ‘is entitled to assess the facts in light of his experience’ in detecting criminal activity”) (quoting United States v. Brignoni-Ponce, 422 U.S. 873, 885 , 95 S.Ct. 2574 , 45 L.Ed.2d 607 (1975)).
cited Cited as authority (rule) Carlsen v. Duron
10th Cir. · 2000 · confidence medium
It must be temporary, and its scope “must be carefully tailored to its underlying justification.” United States v. Gutierrez-Daniez , 131 F.3d 939, 942 (10th Cir. 1997)).
examined Cited as authority (rule) United States v. Alauria (5×)
10th Cir. · 2000 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir. 1997), cert. denied, 523 U.S. 1035 (1998); United States v. Wood, 106 F.3d 942, 945 (10th Cir. 1997).
discussed Cited as authority (rule) United States v. Meindl (2×)
D. Kan. · 1999 · confidence medium
“The law does not specify a minimum of factors necessary to constitute reasonable suspicion.” United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997) (citation omitted), cert. denied, 523 U.S. 1035 , 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998).
discussed Cited as authority (rule) United States v. Garcia (2×)
D. Kan. · 1999 · confidence medium
“The law does not specify a minimum of factors necessary to constitute reasonable suspicion.” United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997) (citation omitted), cert. denied, — U.S. —, 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998).
discussed Cited as authority (rule) United States v. Garrett (2×)
D. Kan. · 1999 · confidence medium
“The law does not specify a minimum of factors necessary to constitute reasonable suspicion.” United States v. Gutierrez-Daniez, 131 F.3d 939, 942 (10th Cir.1997) (citation omitted), cert. denied, — U.S. —, 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998).
discussed Cited as authority (rule) United States v. Acosta-Chavez
10th Cir. · 1998 · confidence medium
An investigative detention must be temporary and last no longer than necessary to effectuate the purpose of the detention.” United States v. Gutierriez-Daniez , 131 F.3d 939, 942 (10th Cir. 1997), cert. denied 118 S. Ct. 1334 (1998).
discussed Cited as authority (rule) United States v. Gama-Bastidas
10th Cir. · 1998 · confidence medium
We accept the district court’s factual findings unless those findings are clearly erroneous, and we consider the totality of the circumstances and view the evidence in a light most favorable to the government. 1 See United States v. Gutierrez-Daniez, 131 F.3d 939, 940-41 (10th Cir.1997), cert. denied, — U.S.-, 118 S.Ct. 1334 , 140 L.Ed.2d 494 (1998).
cited Cited as authority (rule) United States v. Williams
10th Cir. · 1998 · confidence medium
United States v. Gutierrez-Daniez, 131 F.3d 939, 940-41 (10th Cir.1997), cert. denied, No. 97-8044, 1998 WL 86531 (U.S. March 23, 1998).
discussed Cited as authority (rule) United States v. Guadalupe Soto-Cervantes (2×) also: Cited "see"
10th Cir. · 1998 · confidence medium
A neighborhood’s reputation for housing illegal immigrants alone cannot support a finding of reasonable suspicion as to an individual found in that neighborhood, see Brown, 443 U.S. at 52 , 99 S.Ct. at 2641 , but it is a relevant factor to be considered, see Gutierrez-Daniez, 131 F.3d at 942-43 (finding that police officer’s knowledge that drug dealers and illegal immigrants congregated in a particular area could be considered, along with more particularized factors, to support reasonable suspicion).
discussed Cited as authority (rule) United States v. Soto-Cervantes (2×) also: Cited "see"
10th Cir. · 1998 · confidence medium
A neighborhood’s reputation for housing illegal immigrants alone cannot support a finding of reasonable suspicion as to an individual found in that neighborhood, see Brown, 443 U.S. at 52 , but it is a relevant factor to be considered, see Gutierrez-Daniez, 131 F.3d at 942-43 (finding that police officer’s knowledge that drug dealers and illegal immigrants congregated in a particular area could be considered, along with more particularized factors, to support reasonable suspicion).
cited Cited "see" United States v. Custer (Bobby)
10th Cir. · 2000 · signal: see · confidence high
See United States v. Gutierrez-Daniez , 131 F.3d 939, 940-41 (10th Cir. 1997). -2- We review the ultimate reasonableness of a seizure under the Fourth Amendment de novo.
discussed Cited "see" United States v. Winningham (2×)
10th Cir. · 1998 · signal: see · confidence high
See United States v. Gutierrez-Daniez, 131 F.3d 939, 940 (10th Cir.1997).
discussed Cited "see, e.g." United States v. Lujan
10th Cir. · 1999 · signal: see also · confidence medium
In this case, the car was parked in a location only 35 miles from the U.S.-Mexico border, and was in a known “staging area” for drug trafficking. “[T]he fact that an individual is in a neighborhood known for drug activity is not sufficient by itself to support a reasonable suspicion that the individual himself is engaged in criminal activity,” but this fact “can support a finding of reasonable suspicion when combined with other factors.” United States v. Soto-Cervantes , 138 F.3d 1319, 1323 (10th Cir.), cert. denied , 119 S. Ct. 131 (1998); see also United States v. Gutierrez-Danie…
UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
Alfredo GUTIERREZ-DANIEZ, Defendant-Appellant
97-1065.
Court of Appeals for the Tenth Circuit.
Dec 18, 1997.
131 F.3d 939
Charlotte J. Mapes, Assistant United States Attorney (Andrew A. Vogt, Assistant United States Attorney, and Henry L. Sola-no, United States Attorney, with her on the brief), Denver, CO, for Plaintiff-Appellee., Michael G. Katz, Federal Public Defender (Kari Levine Bourg, Research & Writing Specialist, with him on the brief), Denver, CO, for Defendant-Appellant.
Anderson, Tacha, Baldock.
Cited by 44 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 74%
Citer courts: Tenth Circuit (1)
BALDOCK, Circuit Judge.

Defendant Alfredo Gutierrez-Daniez, a citizen of Mexico, entered a conditional plea of guilty to one count of reentry of a deported alien subsequent to an aggravated felony conviction in violation of 8 U.S.C. § 1326(a) & (b)(2). Pursuant to Fed.R.Crim.P. 11(a)(2), Defendant reserved his right to appeal the district court’s denial of his motion to suppress evidence resulting from a purportedly illegal detention of his person. On appeal, Defendant contends that his detention was not supported by a reasonable, articulable suspicion of criminal activity, and was therefore unlawful. Accordingly, Defendant asks us to suppress all fruits of his detention and subsequent arrest, including the records of his prior conviction and deportation. Our jurisdiction arises under 28 U.S.C. § 1291. We affirm.

Well established standards govern our review of a district court’s denial of a motion to suppress. We consider the totality[*941] of the circumstances and view the evidence in a light most favorable to the government. United States v. Wood, 106 F.3d 942, 945-46 (10th Cir.1997). We accept the district court’s factual findings unless those findings are clearly erroneous. Id. Judging the credibility of the witnesses, determining the weight to be afforded the testimony, and drawing reasonable inferences and conclusions from the testimony, are within the province of the district court. United States v. Toro-Pelaez, 107 F.3d 819, 824 (10th Cir.), cert. denied, — U.S. -, 118 S.Ct. 129, — L.Ed.2d - (1997).

The district court’s ultimate determination of reasonableness under the Fourth Amendment is a question of law reviewable de novo. United States v. Shareef, 100 F.3d 1491, 1499 (10th Cir.1996). However, we view the officer’s conduct with “common sense” considering “ordinary human experience.” United States v. Sharpe, 470 U.S. 675, 685, 105 S.Ct. 1568, 1574, 84 L.Ed.2d 605 (1985). “This approach is intended to avoid unrealistic second-guessing of police officers’ decisions and to accord appropriate deference to the ability of a trained law enforcement officer to distinguish between innocent and suspicious actions.” United States v. Alvarez, 68 F.3d 1242, 1244 (10th Cir.1995).

I.

Viewing the evidence in a light most favorable to the government, the record reveals that shortly after 9:00 a.m. on August 12, 1996, Sergeant David Fisher, a police officer with the City and County of Denver, was patrolling the “Crofton Area” around 23rd and. Curtis Streets near downtown Denver. Sergeant Fisher was part of a task force of fellow officers and federal Immigration and Naturalization Service agents assigned to “clean up” the area, which had a reputation as a tar heroin market and as a gathering place for illegal aliens and other transients.

As he drove through the area, Sergeant Fisher observed Defendant and another man standing on the sidewalk near a vacant lot posted with no trespassing and no loitering signs. Sergeant Fisher became suspicious when he witnessed Defendant address a passing male pedestrian. Without breaking stride, the pedestrian shook his head no. After driving around the block, Sergeant Fisher again witnessed Defendant apparently soliciting five or six more pedestrians. One of the pedestrians stopped to speak with Defendant. When the pedestrian looked around and saw Sergeant Fisher in his marked police car, however, he appeared alarmed, shook his head no, and rapidly walked away. At that point, Sergeant Fisher approached Defendant and the other man, believing them to be involved in drug-related activities. [1]

Defendant appeared tense and nervous while the other man appeared calm and relaxed. Sergeant Fisher attempted to talk to the two men, but they apparently did not speak English. Sergeant Fisher briefly patted down each man to check for weapons. Sergeant Fisher then radioed an Officer Cameron and Agent Lee, who were working the area in tandem, for assistance. A moment later, Officer Cameron and Agent Lee arrived. Sergeant Fisher turned the investigation over to Agent Lee, who spoke Spanish, and returned to his vehicle.

Agent Lee identified himself to the men as a federal immigration officer. Upon questioning, the man with Defendant identified himself as a citizen of Mexico and produced a valid green card. Agent Lee then began to question Defendant. Defendant continued to appear uneasy. Agent Lee asked Defendant his name and nationality a third time. Defendant stated that he was a citizen of Mexico, his name was Dominguez and he too had a green card, but had left it at home. When Agent Lee asked where he lived, Defendant did not respond. Agent Lee then asked Defendant if he had come into the country legally or illegally. Defendant told Agent Lee that he had come in illegally and did not have a green card. Agent Lee arrested Defendant.

[*942] Following a hearing at which Sergeant Fisher and Agent Lee testified, the district court denied Defendant’s motion to suppress. The district court found that once Sergeant Fisher patted down Defendant, Defendant was not free to leave and the encounter was no longer consensual. The court further found, however, that Sergeant Fisher had reasonable suspicion to detain Defendant under the totality of the circumstances. To .support its finding, the district court cited the reputation of the area for drug activity, Defendant’s solicitation of numerous pedestrians, and Defendant’s nervous demeanor.

II.

Based upon the foregoing, Defendant claims Sergeant Fisher’s detention of his person violated the Fourth Amendment. The Fourth Amendment protects individuals from unreasonable seizures by government officials. U.S. Const, amend. IV. The touchstone of the Fourth Amendment is reasonableness. We judge the reasonableness of an investigative detention under the two-part inquiry set forth in Terry v. Ohio, 392 U.S. 1, 19-20, 88 S.Ct. 1868, 1878-79, 20 L.Ed.2d 889 (1968). First, we ask whether the officer was justified in detaining defendant at the inception. If so, we next ask whether the officer’s actions during the detention were reasonably related in scope to the circumstances which justified the initial detention. An investigative detention must be temporary, lasting no longer than necessary to effectuate the purpose of the detention. The scope of the detention must be carefully tailored to its underlying justification. Wood, 106 F.3d at 945. In this case, Defendant does not challenge the officers’ actions during the detention, but only the reasonableness of the detention itself. We now turn to that inquiry.

A.

A detention is justified at its inception only if law enforcement officials are aware of specific articulable facts, together with rational inferences from those facts, that reasonably warrant suspicion that the detained individual may be engaged in criminal activity. See United States v. Cantu, 87 F.3d 1118, 1121 (10th Cir.), cert. denied, - U.S. -, 117 S.Ct. 265, 136 L.Ed.2d 190 (1996). The law does not specifiy a minimum number of factors necessary to constitute reasonable suspicion. United States v. Lopez-Martinez, 25 F.3d 1481, 1484 (10th Cir.1994). “The process does not deal with hard certainties, but with probabilities” based upon evidence “as understood by those versed in the field of law enforcement.” United States v. Cortez, 449 U.S. 411, 418, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981). Each case turns on its own facts.

In every case, however, the officer “is entitled to assess the facts in light of his experience” in detecting criminal activity. United States v. Brignoni-Ponce, 422 U.S. 878, 885, 95 S.Ct. 2574, 2582, 45 L.Ed.2d 607 (1975). Law enforcement officers may perceive meaning in actions that appear innocuous to the untrained observer. Brown v. Texas, 443 U.S. 47, 52 & n. 2, 99 S.Ct. 2637, 2641 & n. 2, 61 L.Ed.2d 357 (1979). This is not to say that an officer may detain an individual on an “unparticularized suspicion or hunch.” Terry, 392 U.S. at 27, 88 S.Ct. at 1882. While the necessary “level of suspicion is considerably less than proof of wrongdoing by a preponderance of the evidence,” the Fourth Amendment requires “some minimal level of objective justification.” United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 1585, 104 L.Ed.2d 1 (1989) (internal quotations omitted).

B.

Applying the foregoing principles to the facts of this case, we conclude that Sergeant Fisher had reasonable suspicion to briefly detain Defendant. First, Sergeant Fisher knew that street dealers frequented the area to sell tar heroin. Sergeant Fisher also knew that illegal aliens and other transients congregated in the area. While the fact that Defendant was in an area known for criminal activity, standing alone, is not a sufficient basis for suspecting that Defendant was engaged in such activity, see United States v. Davis, 94 F.3d 1465, 1468 (10th Cir.1996), “an area’s disposition toward criminal activity is an articulable fact that may be[*943] considered along with more particularized factors to support reasonable suspicion.” United States v. Sprinkle, 106 F.3d 613, 617 (4th Cir.1997) (internal quotations and citation omitted).

Second, and most importantly, Sergeant Fisher witnessed Defendant apparently soliciting a number of pedestrians. At least one pedestrian appeared to stop and speak with Defendant, but abruptly ended the encounter after detecting Sergeant Fisher. Defendant’s conduct viewed in isolation may seem innocent enough. Perhaps he was just panhandling. The Supreme Court, however, has made clear in discussing the totality of the circumstances that “wholly lawful conduct might justify the suspicion that criminal activity was afoot.” Reid v. Georgia, 448 U.S. 438, 441, 100 S.Ct. 2752, 2754, 65 L.Ed.2d 890 (1980).

Finally, Sergeant Fisher noticed that as compared to the man standing next to him, Defendant appeared quite uneasy. Nervousness is of limited significance in determining the presence of reasonable suspicion. See United States v. Fernandez, 18 F.3d 874, 879 (10th Cir.1994). But it is not altogether irrelevant. See United States v. Peters, 10 F.3d 1517, 1521 (10th Cir.1993). While most individuals will exhibit some signs of nervousness when approached by a police officer, Sergeant Fisher was able to contrast Defendant’s behavior with that of the other individual who appeared calm,' thus warranting further inquiry. Cf. Wood, 106 F.3d at 948.

Considered separately, any one of the facts known to Sergeant Fisher is not proof of any illegal conduct on the part of Defendant. However, we think the facts viewed in the context of the “whole picture” and taken together with Sergeant Fisher’s training and experience, made Sergeant Fisher’s suspicion that Defendant was engaged in criminal activity reasonable, thus justifying Defendant’s brief detention.

Accordingly, the order of the district court denying Defendant’s motion to suppress is AFFIRMED.

1

. Sergeant Fisher testified that a tar heroin street seller often will put just a few tied balloons of the substance in his mouth so that he may easily swallow it if approached by a police officer. Thus, there is little fear of uniformed police officers in the area.