Henry v. United States, 361 U.S. 98 (1959). · Go Syfert
Henry v. United States, 361 U.S. 98 (1959). Cases Citing This Book View Copy Cite
5,726 citation events (885 in the last 25 years) across 212 distinct courts.
Strongest positive: Alison Reedy v. Huron School District (ca6, 2026-02-20) · Strongest negative: State v. Hobson (idaho, 1974-06-12)
Treatment trajectory · 1959 → 2026 · click a year to view as-of
1959 1992 2026
Top citers, strongest first. 50 distinct citers.
examined Cited "but see" State v. Hobson (6×)
Idaho · 1974 · signal: but see · confidence high
But see, Justice Burton’s concurrence in Brinegar v. U. S., 338 U.S. 160, 179 , 69 S.Ct. 1302 , 93 L.Ed. 1879 (1949), Justice Clark’s dissent, joined by Chief Justice Warren in United States v. Henry, 361 U.S. 98 at 106 , 80 S.Ct. 168 , 4 L.Ed.2d 134 (1959) ; Justice Black’s dissent in Whitely v. Warden, 401 U.S. 560 at 573 , 91 S.Ct. 1031 , 28 L.Ed.2d 306 (1971), and Justice Blackmun’s dissent at 401 U.S. 575 .
examined Cited "but see" Dodge v. Turner (3×)
D. Utah · 1967 · signal: but see · confidence high
But see Henry v. United States, 361 U.S. 98 , 80 S.Ct. 168 , 4 L.Ed.2d 134 (1950), and Massey v. United States, 358 F.2d 782 (10th Cir. 1966), equating interference with freedom of motion in the absence of a formal announcement with “arrest”.
examined Cited as authority (verbatim quote) Alison Reedy v. Huron School District (2×)
6th Cir. · 2026 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if the officer acts with probable cause, he is protected even it turns out that the citizen is innocent.
discussed Cited as authority (verbatim quote) William Rainsberger v. Charles Benner
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
the officers must have more than a bare suspicion that they have the right guy ... .
discussed Cited as authority (verbatim quote) William Rainsberger v. Charles Benner
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
the officers must have more than a bare suspicion that they have the right guy ... .
discussed Cited as authority (verbatim quote) William Rainsberger v. Charles Benner
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
the officers must have more than a bare suspicion that they have the right guy ... .
examined Cited as authority (verbatim quote) State v. Dibble (4×) also: Cited as authority (quoted)
Ohio Ct. App. · 2017 · signal: see · quote attribution · 4 verbatim quotes · confidence high
an officer has probable cause when 'the facts and circumstances known to the officer warrant a prudent in believing that an offense has been committed.
discussed Cited as authority (verbatim quote) State v. Kranendonk
S.C. Ct. App. · 2014 · quote attribution · 1 verbatim quote · confidence high
probable cause exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.
discussed Cited as authority (verbatim quote) United States v. Brown
10th Cir. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the officer acts with probable cause, he is protected even though it turns out that the citizen is innocent.
discussed Cited as authority (verbatim quote) United States v. Lau
10th Cir. · 1996 · signal: see · quote attribution · 1 verbatim quote · confidence high
probable cause exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.
discussed Cited as authority (verbatim quote) Francis v. State
Tex. App. · 1995 · quote attribution · 1 verbatim quote · confidence high
when the officers interrupted the two men and restricted their liberty of movement, the arrest, for purposes of this ease, was complete.
examined Cited as authority (verbatim quote) United States v. Sharpe (4×) also: Cited as authority (rule)
SCOTUS · 1985 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
an arrest is not justified by what the subsequent search discloses
examined Cited as authority (quoted) Simonson v. Borough of Taylor (3×)
M.D. Penn. · 2020 · quote attribution · 3 verbatim quotes · confidence low
f an arrest without a warrant is to support an incidental search, it must be made with probable cause.
examined Cited as authority (quoted) Rainsberger v. Benner (3×)
7th Cir. · 2019 · quote attribution · 3 verbatim quotes · confidence low
under our system suspicion is not enough for an officer to lay hands on a citizen.
examined Cited as authority (quoted) State Of Washington v. Kenneth Lee Butler (3×)
Wash. Ct. App. · 2018 · quote attribution · 3 verbatim quotes · confidence low
the fact that afterwards contraband was discovered is not enough. an arrest is not justified by what the subsequent search discloses.
examined Cited as authority (quoted) Gaymon v. Borough of Collingdale (3×)
E.D. Pa. · 2015 · quote attribution · 3 verbatim quotes · confidence low
while a search without a warrant is, without limits, permissible if incident to a lawful arrest, if an arrest without a warrant is to support an incidental search, it must be made with probable cause.
examined Cited as authority (quoted) Lawson v. City of Coatesville (3×)
E.D. Pa. · 2014 · quote attribution · 3 verbatim quotes · confidence low
f an arrest without a warrant is to support an incidental search, it must be made with probable cause.
examined Cited as authority (quoted) United States v. Cunningham (3×)
N.D. Ohio · 2014 · quote attribution · 3 verbatim quotes · confidence low
probable cause exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.
examined Cited as authority (quoted) United States v. Brown (3×)
10th Cir. · 2007 · signal: see · quote attribution · 3 verbatim quotes · confidence high
if the officer acts with probable cause, he is protected even though it turns out that the citizen is innocent.
examined Cited as authority (quoted) Russoli v. Salisbury Township (3×)
E.D. Pa. · 2000 · quote attribution · 3 verbatim quotes · confidence low
the requirement of probable cause has roots that are deep in our history.
examined Cited as authority (quoted) McCabe v. City of Lynn (2×)
D. Mass. · 1995 · quote attribution · 2 verbatim quotes · confidence low
for it is the command of the fourth amendment that no warrants for either searches or arrests shall issue except 'upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
examined Cited as authority (quoted) State v. Hanson (3×)
Ala. Crim. App. · 1985 · signal: accord · quote attribution · 3 verbatim quotes · confidence high
probable cause exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed
discussed Cited as authority (rule) cacd 2025
C.D. Cal. · 2025 · confidence medium
“Mere suspicion, common 10 rumor, or even strong reason to suspect are not enough” to establish probable cause. 11 McKenzie v. Lamb, 738 F.2d 1005, 1008 (9th Cir. 1984) (citing Henry v. United States, 12 361 U.S. 98, 101 (1959)).
discussed Cited as authority (rule) Niki Frenchko v. Paul Monroe
6th Cir. · 2025 · confidence medium
It “exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.” Henry v. United States, 361 U.S. 98, 102 (1959); Arnold v. Wilder, 657 F.3d 353, 363 (6th Cir. 2011).
cited Cited as authority (rule) United States v. Melvin Hill
2d Cir. · 2025 · confidence medium
Probable cause exists when “the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.” Henry v. United States, 361 U.S. 98, 102 (1959).
discussed Cited as authority (rule) Atchison v. City of Tulsa, Oklahoma
N.D. Okla. · 2025 · confidence medium
Probable cause for an ar- rest exists when the information is sufficient “to warrant a prudent man in believing that the [suspect] had committed or was committing an offense.” Beck v. Ohio, 379 U.S. 89, 91 (1964) (citing Brinegar v. United States, 338 U.S. 160, 175-76 (1949); Henry v. United States, 361 U.S. 98, 102 (1959)).
cited Cited as authority (rule) Posey v. Las Vegas Metropolitan Police Department
D. Nev. · 2025 · confidence medium
Cal. 1992) (quoting Henry v. United States, 20 361 U.S. 98, 170 (1959)).
cited Cited as authority (rule) Deering v. Oakland County
E.D. Mich. · 2025 · confidence medium
Probable cause exists when the facts and circumstances would warrant a “prudent man in believing that the offense has been committed.” Henry v. United States, 361 U.S. 98, 102 (1959).
discussed Cited as authority (rule) Hayes v. Owen
N.D. Okla. · 2025 · confidence medium
A police officer has probable cause to arrest an individual when he has sufficient information “to warrant a prudent man in believing that the [sus- pect] had committed or was committing an offense.” Beck »v. Ohio, 379 U.S. 89, 91 (1964) (citing Brinegar v. United States, 338 U.S. 160, 175-76 (1949); Henry v. United States, 361 U.S. 98, 102 (1959)).
discussed Cited as authority (rule) McClintock v. Pollawit
D. Mass. · 2025 · confidence medium
Mass. 1995) (citing Henry v. United States, 361 U.S. 98, 102 (1959)). “‘In dealing with probable cause ... as the very name implies, we deal with probabilities ... on which reasonable and prudent men, who are not legal technicians, act.’” Id. at 402 (quoting Brinegar v. United States, 338 U.S. 160, 175 (1949)).
discussed Cited as authority (rule) Young v. Battle Creek, City of
W.D. Mich. · 2025 · confidence medium
“Probable cause exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.” , 492 F.3d 334, 341 (6th Cir. 2002) (quoting , 361 U.S. 98, 102 (1959)).
discussed Cited as authority (rule) Dye v. Hazel Park, City of
E.D. Mich. · 2025 · confidence medium
Probable cause is not a particularly high bar; an officer has probable cause when “the facts and circumstances known to the officer warrant a prudent man in believing that an offense has been committed.” Miller, 606 F.3d at 248 (quoting Henry v. United States, 361 U.S. 98, 102 (1959)).
cited Cited as authority (rule) Amaru v. Rhome Police Department
N.D. Tex. · 2025 · confidence medium
Henry v. United States, 361 U.S. 98, 102 (1959).
cited Cited as authority (rule) Hylton v. District of Columbia
D.D.C. · 2025 · confidence medium
Similarly, the Supreme Court has held that an arrest “was complete” at the moment when officers “restricted [the suspects’] liberty of movement.” Henry v. United States, 361 U.S. 98, 103 (1959).
cited Cited as authority (rule) Com. v. Snowden, B.
Pa. Super. Ct. · 2025 · confidence medium
Commonwealth v. Mackie, 320 A.2d 842 , 843–44 (Pa. 1974) (citing Henry v. United States, 361 U.S. 98, 101 (1959)).
discussed Cited as authority (rule) Harrell v. California State University
N.D. Cal. · 2024 · confidence medium
“Probable cause exists 10 if the facts and circumstances known to the officer warrant a prudent man in believing that [an] 11 offense has been committed.” Henry v. United States, 361 U.S. 98, 102 (1959).
cited Cited as authority (rule) Hattie Tanner v. David Walters
6th Cir. · 2024 · confidence medium
“Probable cause exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.” Henry v. United States, 361 U.S. 98, 102 (1959).
discussed Cited as authority (rule) Christopher Patrick Carter v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
Probable cause exists when “there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Id. at 622 (quoting Jones v. Commonwealth, 277 Va. 171, 178 (2009)). “‘[S]uspicion, or even “strong reason to suspect”’ is not enough to constitute probable cause.” McLaughlin v. Commonwealth, 48 Va. App. 243, 249 (alteration in original) (quoting Henry v. United States, 361 U.S. 98, 101 (1959)), adhered to on reh’g en banc, 49 Va. App. 103 (2006).
discussed Cited as authority (rule) State v. Woolard
N.C. · 2023 · confidence medium
That requirement is key to the Fourth Amendment’s protections, and its roots grow “deep in our history.” Bailey v. United States, 568 U.S. 186, 192 (2013) (quoting Henry v. United States, 361 U.S. 98, 100 (1959)).
discussed Cited as authority (rule) Mitchell v. County of Contra Costa
N.D. Cal. · 2023 · confidence medium
While conclusive 13 evidence of guilt is not necessary under this standard to establish probable cause, “[m]ere 14 suspicion, common rumor, or even strong reason to suspect are not enough.” McKenzie v. Lamb, 15 738 F.2d 1005, 1008 (9th Cir. 1984) (citing Henry v. United States, 361 U.S. 98, 101 (1959)). 16 “Probable cause is lacking if the circumstances relied on are susceptible to a variety of credible 17 interpretations not necessarily compatible with nefarious activities.” Gasho v. United States, 39 18 F.3d 1420 , 1432 (9th Cir. 1994) (citations omitted).
discussed Cited as authority (rule) United States v. Cody Williams
9th Cir. · 2023 · confidence medium
An officer has probable cause to arrest someone “if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.” Henry v. United States, 361 U.S. 98, 102 (1959).
discussed Cited as authority (rule) Penn v. City of Decatur, Alabama
N.D. Ala. · 2023 · confidence medium
Probable cause to arrest “exists if the facts and circumstances known to the officer [would] warrant a prudent man in believing that [an] offense has been committed.” Henry v. United States, 361 U.S. 98, 102 (1959).
examined Cited as authority (rule) Dwayne Furlow v. Jon Belmar (3×) also: Cited "see"
8th Cir. · 2022 · confidence medium
And importantly for this case, general warrants typically just left “the name of the person to be arrested . . . blank.” Henry v. United States, 361 U.S. 98, 100 (1959). -21- Revolutionaries had good reason, based on their experience, to view “the warrant . . . as an enemy.” Telford Taylor, Two Studies in Constitutional Interpretation 41 (1969).
cited Cited as authority (rule) Bisetti v. City Of Austin
W.D. Tex. · 2022 · confidence medium
“Probable cause exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.” Henry v. United States, 361 U.S. 98, 102 (1959).
discussed Cited as authority (rule) Stroud v. Gore
S.D. Cal. · 2022 · confidence medium
Deputies Shea and Lizarraga 5 A. Constitutional Violation: Unlawful Arrest 6 “In order to satisfy the requirements of the Fourth Amendment, an arrest must be 7 supported by probable cause to believe that the arrestee has committed a crime.” Allen v. 8 City of Portland, 73 F.3d 232 , 236 (9th Cir. 1995), as amended (Jan. 17, 1996) (citing 9 Henry v. United States, 361 U.S. 98, 102 (1959)).
discussed Cited as authority (rule) United States v. Stephan Byrd
3rd Cir. · 2022 · confidence medium
See United States v. Johnson, 199 F.3d 123, 125 (3d Cir. 1999); United States v. Cruz-Jiminez, 977 F.2d 95, 99 (3d Cir. 1992); United States v. Lee, 612 F.3d 170, 193 (3d Cir. 2010). 2 Beck v. Ohio, 379 U.S. 89, 91 (1964) (citing Brinegar v. United States, 338 U.S. 160 , 175– 76 (1949); Henry v. United States, 361 U.S. 98, 102 (1959)).
discussed Cited as authority (rule) Wynn v. City of Richmond, Virginia Police Department
E.D. Va. · 2022 · confidence medium
“Of course, it is settled that to justify a search incident to arrest, the arrest must be valid.” Duhart v. United States, 476 F.2d 597, 598 (6th Cir. 1973) (per curiam) (citing Henry v. United States, 361 U.S. 98, 102 (1959)).
discussed Cited as authority (rule) Stokes v. Matranga
5th Cir. · 2022 · confidence medium
It is “axiomatic” that “officers must know the factual predicate for probable cause prior to arrest.” Club Retro L.L.C. v. Hilton, 568 F.3d 181, 207 (5th Cir. 2009) (citing Sibron v. New York, 392 U.S. 40 , 62–63 (1968); Henry v. United States, 361 U.S. 98, 102 (1959)). 7 As discussed, initially Matranga knew only that someone had posted a satiric photo labeled “Future School Shooter.” Even assuming that justified the 7 See also Hunter v. Bryant, 502 U.S. 224, 228 (1991) (probable cause existed at the moment of arrest when officers “possessed trustworthy information” sufficie…
discussed Cited as authority (rule) Foulks v. City of Detroit
E.D. Mich. · 2022 · confidence medium
“Probable cause exists if the facts and circumstances known to the officer warrant a prudent man in believing that the offense has been committed.” Logsdon v. Hains, 492 F.3d 334, 341 (6th Cir. 2007) (quoting Henry v. United States, 361 U.S. 98, 102 (1959)).
discussed Cited as authority (rule) Litton v. Millersville, City of
M.D. Tenn. · 2022 · confidence medium
“An officer has probable cause when ‘the facts and circumstances known to the officer warrant a prudent man in believing that an offense has been committed.’” Miller v. Sanilac Cnty., 606 F.3d 240, 248 (6th Cir. 2010) (quoting Henry v. United States, 361 U.S. 98, 102 (1959)). “[T]he officer must consider the totality of the circumstances, recognizing both the inculpatory and exculpatory evidence, before determining if he has probable cause to make an arrest.” Gardenhire v. Schubert, 205 F.3d 303, 318 (6th Cir. 2000).
Henry
v.
United States
17.
Supreme Court of the United States.
Nov 23, 1959.
361 U.S. 98
Edward J. Calihan, Jr. argued the cause and filed a brief for petitioner., Kirby W. Patterson argued the cause for the United States. With him on the brief were Solicitor General Rankin, Assistant Attorney General Wilkey and Beatrice Rosenberg.
Douglas, Clark, Black.
Cited by 1,964 opinions  |  Published
10 passages pin-cited by 11 cases
Pinpoint authority: #10,621 of 633,719
Citer courts: E.D. Pennsylvania (9) · Court of Criminal Appeals of A… (3) · Tenth Circuit (3) · Seventh Circuit (3) · Ohio Court of Appeals (3) · N.D. Ohio (3) · M.D. Pennsylvania (3)

Lead Opinion

Mr. Justice Douglas

delivered the opinion of the Court.

Petitioner stands convicted of unlawfully possessing three cartons of radios valued at more than $100 which had been stolen from an interstate shipment. See 18 U. S. C. § 659. The issue in the ease is whether there was probable cause for the arrest leading to the search that produced the evidence on which the conviction rests. A timely motion to suppress the evidence was made by[*99] petitioner and overruled by the District Court; and the judgment of.conviction was affirmed by the Court of Appeals on a divided vote. 259 F. 2d 725. The case is here on a petition for a writ of certiorari, 359 U. S. 904.

There was. a theft from an interstate shipment, of whisky at a terminal in Chicago. The next day two FBI agents were in the neighborhood investigating it. They saw petitioner and one Pierotti walk across a street from a tavern and get into an automobile. The agents had been given, by the employer of Pierotti, information of an undisclosed nature “concerning the implication of the defendant Pierotti with interstate shipments.” But, so far as the record shows, he never went so far as to tell the agents he suspected Pierotti of any such thefts. The agents followed the car and-saw it enter an alley and stop. Petitioner got but of the car, entered a gangway leading to residential premises and returned in a few minutes with some cartons.. He placed them in the car and he and Pierotti drove off. . The agents were unable to follow the car. But later they found it parked at the same place near the tavern. Shortly they saw petitioner and Pierotti leave the tavern, get into the car, and drive off.- The car stopped in the same alley as before; petitioner entered the same gangway and returned with more cartons. The agents observed this transaction-from a distance of some 300 feet and could not determine the size, number or contents of the cartons. As the car drove off the agents followed it and finally, when they met it, waved it to a stop. As he. got out of the car, petitioner was heard to say, “Hold it; it is-the G’s.” This was followed by, “Tell him he [you] just picked me up.” The agents searched the car, placed the cartons (which bore the name “Admiral” and were addressed to an out-of-state company) in their car, took the merchandise and petitioner and Pierotti to their office and held them for about two hours when the agents learned that the cartons contained[*100] stolen radios. They then placed the men under formal arrest.

The statutory authority of FBI officers and agents to make felony arrests without a warrant is restricted to offenses committed “in their presence” or to instances where they have “reasonable grounds to believe that the person to be arrested has committed or is committing” a felony. 18 U. S. C.' § 3052. The statute states the constitutional standard, for it is the command of the Fourth Amendment that no warrants for either searches or arrests shall issue except “upon probable cause, supported by oath or affirmation,, and particularly describing the place to be searched, and the persons or things to be .seized.”

The requirement of probable cause has roots that are deep in our history. The general warrant,[1] in which the name of the person to be arrested was left blank, and the writs of assistance, against which James Otis inveighed,[2] both perpetuated the oppressive practice of allowing the police to arrest and search on suspicion. Police control took the place of judicial control, since no showing of “probable cause” before' a magistrate was required. The Virginia Declaration of Rights, adopted June 12, 1776, rebelled against that practice:

“That general warrants, whereby any officer or messenger may be. commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.”

[*101] The Maryland Declaration of Rights (1776), Art. XXIII, was equally emphatic:

“That all warrants, without oath or affirmation, to search suspected places, or to seize any person or property, are grievous and oppressive; and all general warrants — to search suspected places, or to apprehend suspected persons, without naming or describing the place, or the person in special — are illegal, and ought not to be granted.”

And see North Carolina Declaration of Rights (1776), Art. XI; Pennsylvania Constitution (1776), Art. X; Massachusetts Constitution (1780), Pt. I, Art. XIV.

That philosophy later was reflected in the Fourth Amendment. And as the early American decisions both before [3] and immediately after[4] its adoption show, common rumor or report, suspicion, or even “strong reason to suspect” [5] was not adequate to support a warrant for arrest. And that principle has survived to this day. See United States v. Di Re, 332 U. S. 581, 593-595; Johnson v. Unitéd States, 333 U. S. 10, 13-15; Giordenello v. United States, 357 U. S. 480, 486. Its high water was Johnson v. United States, supra, where the smell of opium coming from a closed room was not enough to support an arrest and search without a warrant.’ It was against this background that two scholars recently wrote, “Arrest on mere suspicion collides violently with the basic human right of liberty.” [6]

[*102] Evidence required to establish guilt is not necessary. Brinegar v. United States, 338 U. S. 160; Draper v. United States, 358 U. S. 307. On the other hand, good faith on the part-of the arresting officers is not enough. Probable cause exists if the facts and circumstances known, to the officer warrant a prudent man in believing that the offense has been committed. Stacey v. Emery, 97 U. S. 642, 645. And see Director General v. Kastenbaum, 263 U. S. 25, 28; United States v. Di Re, supra, at 592; Giordenello v. United States, supra, at 486. It is important, we think, that this requirement be strictly enforced, for the standard set by the Constitution protects both the officer and the citizen. If the officer acts with probable cause, he is protected even though it turns out that the citizen is innocent. Carroll v. United States, 267 U. S. 132, 156. And while a search without a warrant is, within limits, permissible if incident to a lawful arrest, if an arrest without a warrant is to support an incidental search, it must be made with probable cause. Carroll v. United States, supra, at 155-156. This immunity of officers cannot fairly be enlarged without jeopardizing the privacy or security of the citizen. We turn then to the question whether prudent men in the shoes of these officers (Brinegar v. United States, supra, at 175) would have seen enough to permit them to believe that petitioner was violating, or had violated the law. We think not.

[*103] The prosecution conceded below, and adheres to the concession here,[7] that the arrest took place when the federal agents stopped the car. That is our view on the facts of this particular case.- When the officers interrupted the two men and restricted their liberty of movement, the arrest, for purposes of this case, was complete. It is, therefore, necessary to determine whether at or before that time they had reasonable cause to believe that a crime had been committed. The fact that afterwards contraband was discovered is not enough. An arrest is not justified by what the subsequent search discloses, as Johnson v. United States, supra, holds.

It is true that a federal crime had been committed at a terminal in the neighborhood, whisky having been stolen from an interstate shipment. Petitioner’s friend, Pierotti, had been suspected of some implication in some interstate shipments, as we have said. But as this record stands, what those shipments were and the manner in which he was implicated remain unexplained and undefined. The rumor about him is therefore practically meaningless.- On the record there was far from enough evidence against him to justify a magistrate in issuing a warrant. So far as the record shows, petitioner had not even been suspected of criminal activity prior to this time. Riding in the car, stopping in an alley, picking up packages, driving away — these were all acts that- were outwardly innocent. Their movements in the car had-.no tnarkof fleeing men or men acting furtively. The case might bé different if the packages had been taken from a terminal or from an interstate trucking platforim’. But they were not. As we have said, the alley where the packages were picked up was in a residential section.[*104] The fact that packages have been stolen does not make every man who carries a package subject to arrest nor the package subject to seizure. The police must, have reasonable' grounds to believe that the particular' package carried by the citizen is contraband'. Its shape and design might-at times be adequate. The weight of it and the manner in which it is carried' might at times be enough. But there was nothing to indicate that the cartons here in issue probably contained liquor. The fact that, they contained other contraband appeared only some hours after the arrest. What transpired at or after the time the car was stopped- by the- officers is, as. we have said, irrelevant to the narrow issue before us. To repeat, • an. arrest is not justified by what the. subsequent search discloses. Under our system suspicion is not enough for an officer to lay hands on a citizen. It is better, so the Fourth Amendment- teaches, that the guilty sometimes go free than that citizens be subject to easy arrest.

The faict that the suspects were in an automobile is not enough. Carroll v. United States, supra, liberalized the rule governing searches when a moving vehicle is involved. But that decision merely relaxed the requirements for a warrant on- grounds of practicality. It did not dispense with the need for probable caüse.

Reversed.

Mr. Justice Black concurs in the result.
1

Declared illegal by the House of Commons in 1766. 16 Hansard, Parl. Hist. Eng. 207.

2

Quincy’s Mass. Rep. 1761-1772, Appendix, p. 469.

3

Frisbie v. Butler, Kirby’s Rep. (Conn.) 1785-1788, p. 213.

4

Conner v. Commonwealth, 3 Binn (Pa.) 38; Grumon v. Raymond, 1 Conn. 40; Commonwealth v. Dana, 2 Met. (Mass.) 329.

5

Conner v. Commonwealth, supra, note 4, at 43.

6

Hogan and Snee, The McNabb-Mallory Rule: Its Rise, Rationale - and Rescue, 47 Geo. L. J. 1, 22.

Uniform Crime Reports for the United States, compiled by the Federal Bureau of Investigation (Vol. XXVIII, No. 1, Semiannual[*102] Bull., 1957), pp. 64, 65, shows 1956 arrest statistics for 1,025 cities in the United States, including 26 cities over 250,000 .population/and 458 cities under 10,000 population.

The report states that 111,274 were arrested on suspicion (but not in connection with any specific offense) and subsequently released without prosecution. This was at the rate of 280.4 per 100,000 inhabitants.

The grand total of persons arrested — both for a specific offense (but excluding traffic offenses) and on suspicion alone — and released without being held for prosecution was 264,601. This was at the rate of 666.7 per 100,000 inhabitants.

7

An alternative theory that the arrest took place at a subsequent time was discussed by the Government only to make clear that it would press that position on the facts of another case now pending here, No. 52, Rios v. United States.

Dissent

Me. Justice Clark, whom. The Chief Justice joins,

dissenting.

The Court decides this case on the narrow ground that the arrest took place at the moment the Federal Bureau of Investigation agents stopped the car in which petitioner was riding and at that time probable cause for it did not exist. While the Government, unnecessarily it seems to me, conceded that the arrest was made at the[*105] time the car was stopped, this Court is not bound by the Government’s mistakes.*

The record shows beyond dispute that the agents had received information from co-defendant Pierotti’s employer implicating Pierotti with interstate shipments. The agents began a surveillance of petitioner and Pierotti after recognizing them as they came out of a bar. Later the agents observed them loading cartons into an automobile from a gangway up an alley in Chicago. The agents had been trailing them, and after it appeared that they had delivered the first, load of cartons, the suspects returned to the same platform by a .circuitous route through streets and alleys. The agents then saw peth tioner load another set of cartons into the car and drive off with the same. A few minutes later the agents stopped the car, alighted from their own car, and approached the petitioner. As they did so, petitioner was overheard to say: “Hold it; it is the G’s,” and “Tell him he [you] just picked me up.” Since the agents had actually seen the two suspects together for several hours, it was apparent to them that the statement was untrue. Upon being questioned, the defendants stated that they had borrowed the car from a friend. During the questioning and after petitioner had stepped out of the car one of the agents happened to look through the door of the car which petitioner had left open and saw three cartons stacked up inside which resembled those petitioner had just loaded into the car from the gangway. The .agent saw that the cartons bore Admiral shipping labels and were' addressed to a company in Cincinnati, Ohio. Upon further, questioning, , the agent was told that the cartons[*106] were in the car when the defendants borrowed it. Knowing this to be untrue, the . agents then searched the car, arrested petitioner and his companion, and seized the cartons.,

The Court seems to say that the mere stopping of the car amounted to an arrest of the petitioner. I cannot agree. The suspicious activities of the petitioner during the somewhat prolonged surveillance by the agents warranted the stopping of .the car. The sighting of the cartons with their interstate labels in the car gave the agents reasonable ground to believe that a crime was in the course of its commission in their very presence. The-search of the car and the subsequent arrest were therefore lawful and the motion to suppress was properly overruled.

In my view, the time at which the agents were required to have reasonable grounds to believe that petitioner was committing a felony was when they began the search of the automobile, which was after- they had seen the cartons, with interstate labels in .the car. The earlier events certainly disclosed ample grounds to justify the following of the car, the subsequent stopping thereof, and the questioning of petitioner by the agents. This interrogation, together with the sighting of the cartons and the labels, gave the agents indisputable probable cause for the'search and arrest.

When an investigation proceeds to the point where an agent has reasonable grounds to believe that an offense is being committed in his presence, he. is obligated to proceed to make such' searches,' seizures, and arrests as the circumstances require. • It is only by such alertness that crime is discovered, interrupted, prevented, and pun-, ished. We should not place additional burdens on law enforcement agencies. .

I would affirm thé judgments on the .rationale of Brinegar v. United States, 338 U. S. 160 (1949), and Carroll v. United States, 267 U. S. 132 (1925).

It may b,e that the Government is doing some wishful thinking in-regard to the relaxation of the standards incident to the “probable, cause” requirement by making this- a. test case. We should not lend ourselves to such indulgence..