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United States v. Sokolow - Significance, A Brief And Unusual Trip, A Successful Police Operation, An Invasion Of Privacy

Petitioner

United States

Respondent

Andrew Sokolow

Petitioner's Claim

That agents of the United States Drug Enforcement Agency had probable cause to suspect that Sokolow was in possession of an illegal substance, and were legally justified under the Fourth Amendment in detaining Sokolow and searching his belongings.

Chief Lawyer for Petitioner

Paul J. Larkin, Jr.

Chief Lawyer for Respondent

Robert P. Goldberg

Justices for the Court

Harry A. Blackmun, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist (writing for the Court), Antonin Scalia, John Paul Stevens, Byron R. White

Justices Dissenting

William J. Brennan, Jr., Thurgood Marshall

Place

Washington, D.C.

Date of Decision

3 April 1989

Decision

Upheld the position of the United States, overturning the ruling of the court of appeals and holding that law enforcement officers can detain an individual if they have a "reasonable suspicion" that the individual is engaging or about to engage in criminal activity, even without probable cause to believe that any criminal action has or will occur.

Related Cases

  • Terry v. Ohio, 392 U.S. 1 (1968).
  • Illinois v. Gates, 462 U.S. 213 (1983).
  • INS v. Delgado, 466 U.S. 210 (1984).
  • United States v. Montoya de Hernandez, 473 U.S. 531 (1985).

Further Readings

  • Burnett, Arthur L. "Permeation of Race, National Origin, and Gender Issues from Initial Law Enforcement Contact Through Sentencing." American Criminal Law Review, summer 1994, p. 1153.
  • "25th Annual Review of Criminal Procedure." Georgetown Law Journal. Washington, DC: Georgetown University Press, April 1996.

Additional Topics

United States v. Sokolow - Significance

The ruling demonstrated the willingness of the Court to define Fourth Amendment prohibitions against unreasonable search and seizure narrowly in cases involving the transportation or sale of illegal drugs. In upholding the government's case, the Court ruled admissible the detention of suspects who merely fit a police profile for illegal activity. Prior to Sokolow, authorities were required to show…

United States v. Sokolow - A Brief And Unusual Trip

In July of 1984 Andrew Sokolow, using the assumed name Andrew Kray, booked airline flights from Honolulu, Hawaii, to Miami, Florida, for himself and his girlfriend, Janet Norian. He paid cash for their tickets, bringing out a substantial roll of $20 bills and peeling off the requisite $2100 in front of a rather surprised airline ticket agent. The ticket agent found Sokolow's manner of payment for …

United States v. Sokolow - A Successful Police Operation

During his stopover in Los Angeles, "Kray" was shadowed by agents of the federal Drug Enforcement Administration (DEA). These agents confirmed that "Kray" seemed highly nervous, and was unwilling to check any of his baggage. When "Kray" and Norian arrived in Honolulu, they immediately left the airport and were attempting to hail a cab when they were detained by DEA Agent Richard Kempshall and thre…

United States v. Sokolow - An Invasion Of Privacy

Sokolow was indicted for intent to distribute cocaine, and filed a motion to suppress the evidence obtained against him by the DEA in the U.S. District Court for Hawaii. The district court denied Sokolow's motion, ruling that DEA agents had "reasonable suspicion" that he was involved in drug trafficking when they stopped him outside the Honolulu airport. Sokolow then appealed for the suppression o…

United States v. Sokolow - Reasonable Suspicion And Probable Cause

The court of appeals had ruled that Sokolow was seized by the authorities when they stopped him from hailing a cab outside the Honolulu airport, so the Supreme Court examined whether or not a reasonable suspicion existed that he was engaging in a criminal activity at that time. The Court had already ruled, in case of Terry v. Ohio, that police officers could briefly detain a person given a reasona…

United States v. Sokolow - Impact

United States v. Sokolow continued the Court's tendency to interpret the Fourth Amendment prohibition against unreasonable search and seizure in such a way as not to unduly hamper law enforcement officials, particularly those engaged in curtailing the illegal drug trade. The ruling had the effect of giving legal credence to the use of profiles of "typical" behavior and appearance of various types …

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