Global Drug Enforcement

Practical Investigative Techniques

Gregory D. Lee

• Publisher: Routledge
• Year: 2003
• ISBN:
  9781135501563
• Edition: 1
• Topic: Law
• Subtopic: Criminal Law
• Index: Law

It's a national epidemic and an international conspiracy. Drugs have infested our society with a vengeance, making the drug enforcement agent a central figure in the war on drugs. International training teams of the U.S. Drug Enforcement Administration (DEA) have traditionally taught the special skills required by all drug agents. Until now, there

Appendix C:
U.S. Supreme Court Decision: U.S. v. Sokolow

U.S. v. SOKOLOW, 490 U.S. 1 (1989)

490 U.S. 1

U.S. v. SOKOLOW

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No. 87–1295.

Argued January 10, 1989

Decided April 3, 1989

Drug Enforcement Administration (DEA) agents stopped respondent upon his arrival at Honolulu International Airport. The agents found 1,063 grams of cocaine in his carry-on luggage. When respondent was stopped, the agents knew, inter alia, that (1) he paid $2,100 for two round-trip plane tickets from a roll of $20 bills; (2) he traveled under a name that did not match the name under which his telephone number was listed; (3) his original destination was Miami, a source city for illicit drugs; (4) he stayed in Miami for only 48 hours, even though a round-trip flight from Honolulu to Miami takes 20 hours; (5) he appeared nervous during his trip; and (6) he checked none of his luggage. Respondent was indicted for possession with intent to distribute cocaine. The District Court denied his motion to suppress the evidence, finding that the stop was justified by a reasonable suspicion that he was engaged in criminal activity, as required by the Fourth Amendment. The Court of Appeals disagreed and reversed respondent’s conviction, applying a two-part test for determining reasonable suspicion. First, ruled the court, at least one fact describing “ongoing criminal activity”—such as the use of an alias or evasive movement through an airport—was always necessary to support a reasonable-suspicion finding. Second, “probabilistic” facts describing “personal characteristics” of drug couriers—such as the cash payment for tickets, a short trip to a major source city for drugs, nervousness, type of attire, and unchecked luggage—were only relevant if there was evidence of “ongoing criminal activity” and the Government [490 U.S. 1, 2] offered “[e] mpirical documentation” that the combination of facts at issue did not describe the behavior of “significant numbers of innocent persons.” The Court of Appeals held the agents’ stop impermissible, because there was no evidence of ongoing criminal behavior in this case.

Held:

On the facts of this case, the DEA agents had a reasonable suspicion that respondent was transporting illegal drugs when they stopped him. Pp. 7–11.

(a) Under Terry v. Ohio, 392 U.S. 1, 30, the police can stop and briefly detain a person for investigative purposes if they have a reasonable suspicion supported by articulable facts that criminal activity “may be afoot,” even if they lack probable cause under the Fourth Amendment. Reasonable susp...

Table of contents

• Cover Page
• Title Page
• Copyright Page
• Dedication
• Editor’s Note
• Preface
• Author
• Acknowledgments
• Section I The Fundamentals
• Section II Complex Drug Investigations
• Glossary of Terms Common to Drug Law Enforcement
• Appendix A: Controlled Substance Act Schedules
• Appendix B: Controlled Substances Alphabetically
• Appendix C: U.S. Supreme Court Decision: U.S. v. Sokolow