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NCJRS Abstract

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NCJ Number: 119002 Find in a Library
Title: Law of the Case: History of Proceedings in Lower Courts
Author(s): J C Coleman
Date Published: 1989
Page Count: 5
Sponsoring Agency: South Carolina Criminal Justice Acad
Columbia, SC 29210
Type: Policy/Procedure Handbook/Manual
Format: Article
Language: English
Country: United States of America
Annotation: This article discusses the legal implications of the case, U.S. v. Sokolow, in which a man was arrested for drug smuggling under the investigatory stop procedure.
Abstract: The respondent was indicted for possession with the intent to distribute cocaine. The U.S. District Court in Hawaii denied his motion to suppress the cocaine and other evidence seized from his luggage, finding that the Drug Enforcement Administration (DEA) agents had a reasonable suspicion to stop him at the airport. The U.S. Court of Appeals for the 9th Circuit reversed the respondent's conviction, holding that the DEA agents did not have a reasonable suspicion to justify the stop. The court believed that facts describing "personal characteristics" such as nervousness, cash payment, and unchecked luggage, were only relevant if there was evidence of ongoing criminal behavior. The court found no evidence of ongoing criminal behavior. However, the Supreme Court held that the agents had a reasonable basis to suspect that the respondent was transporting illegal drugs based on the reasoning that the facts considered altogether amount to reasonable suspicion.
Main Term(s): Police due process training
Index Term(s): Arrest procedures; Drug smuggling; Stop and frisk
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