Also known as:drug courier profile · drug-courier profile · drug-courier profiles · courier profile · drug profile
Written by attorneys — see sources below.
A compilation of behavioral and travel characteristics that law enforcement officers associate with narcotics traffickers. Officers may consider elements drawn from such a compilation as part of the totality of the circumstances when assessing whether reasonable suspicion supports an investigative stop. Conformity to a profile by itself neither establishes nor defeats reasonable suspicion.
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How its tested
Common Examples
2
Airport Stop Based on Multiple Factors
Daphne Doyle arrived on a one-way cash ticket from a known source city and carried only a small bag. She repeatedly changed seats in the terminal and scanned arriving passengers for nearly an hour. Officers briefly detained her for questioning after observing the combination of itinerary details and nervous surveillance-like conduct.
Airport Encounter with Nervous Traveler
Damian Decker deplaned from a flight out of a source city and matched several characteristics commonly noted by agents. He appeared visibly nervous during routine questions and carried minimal luggage for the trip. Agents approached him for brief questioning based on the observed itinerary and demeanor.
Sylvia Mendenhall arrived at the Detroit Metropolitan Airport on a commercial airline flight from Los Angeles early in the morning on February 10, 1976. Two agents of the Drug Enforcement Administration observed her as she disembarked from the airplane. The agents noted that she was the last passenger to leave the aircraft, appeared very nervous, completely scanned the gate area, proceeded past the baggage claim without claiming any luggage, and changed airlines for her connecting flight.
The agents approached Mendenhall as she walked through the concourse, identified themselves as federal agents, and asked to see her identification and airline ticket. Mendenhall produced her driver's license in the name of Sylvia Mendenhall and an airline ticket issued in the name of Annette Ford. When asked about the name discrepancy, she stated that she just felt like using that name and that she had been in California for only two days.
The agents returned her documents and asked if she would accompany them to the airport DEA office for further questioning, which she did. At the DEA office, the agents asked Mendenhall if she would allow a search of her person and handbag and told her that she had the right to decline the search if she desired. She responded "Go ahead" and handed over her purse. A female police officer arrived and, after confirming consent, conducted a search in a private room. Mendenhall removed her clothing and handed over two small packages, one containing heroin.
Mendenhall was arrested and a grand jury indicted her for possessing heroin with intent to distribute. She moved to suppress the heroin, claiming it was obtained in violation of her Fourth Amendment rights. The District Court denied the motion after an evidentiary hearing, and she was convicted on stipulated facts following a waiver of jury trial. The Court of Appeals reversed the conviction, and the Supreme Court granted certiorari.
Does matching a drug courier profile by itself create reasonable suspicion for a stop?
No. Conformity to a profile neither establishes nor negates reasonable suspicion on its own. Officers must still evaluate the specific facts under the totality of the circumstances.
Supporting sources
Can profile characteristics contribute to reasonable suspicion even if each factor is consistent with innocent travel?
Yes. Courts permit officers to rely on a combination of factors that individually appear innocuous when those factors together reasonably suggest criminal activity.
Supporting sources
How does the totality standard apply when an officer relies on drug courier profile elements?
The officer must articulate the specific factors observed. The court then assesses whether those factors, taken together, supply an objective basis for suspecting criminal activity rather than treating the profile label as a shortcut.
Supporting sources
What happens if a suspect offers an innocent explanation for profile-matching conduct?
The existence of a plausible innocent explanation does not automatically defeat reasonable suspicion. Officers and courts still weigh the cumulative weight of all observed facts under the totality standard.
Supporting sources
446 U.S. 544 (1980)
…transporting narcotics between major drug sources and distribution centers in the United States. Federal agents have developed "drug courier profiles" that describe the characteristics generally associated with narcotics traffickers. For example, because the Drug Enforcement Administration believes that most drugs enter Detroit from one…