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Detaining Suspected Drug Couriers: Recent Court Decisions

NCJ Number
130309
Journal
FBI Law Enforcement Bulletin Volume: 60 Issue: 6 Dated: (June 1991) Pages: 27-32
Author(s)
W U McCormack
Date Published
1991
Length
6 pages
Annotation
Since the 1968 Supreme Court decision allowing police officers to temporarily detain individuals on less than probable cause, some departments have instituted practices including lists of drug courier profiles and factors. These practices have been challenged on constitutional grounds when used to detain or stop travelers.
Abstract
The usefulness of drug courier profiles to stop suspects in an airport was examined in the 1989 Supreme Court decision United States v. Sokolow, when it held that reasonable suspicion to detain a person must be based on a totality of the circumstances; the court found that the use of the profile did not add to or detract from the significance of the factors. Reasonable suspicion is more than an unparticularized hunch, but less than proof of wrongdoing or even probable cause. While officers should not rely on drug courier profiles or factors to establish reasonable suspicion, profiles can be particularly useful for recently hired or transferred officers. Officers experienced in conducting drug interdictions at a particular airport or public facility can relay their knowledge by creating profiles. Profiles can also help officers prepare courtroom testimony based on their observations and actions. The probative value of observed behavior is demonstrated by the fact that a temporary detention is considered lawful only when police officers can point out facts indicative of illegal activity. Highly probative in determining reasonable suspicion is the receipt of corroborated anonymous tips and other information useful in creating a drug courier profile. 25 notes