Law of the Case: History of Proceedings in Lower Courts

• NCJ Number: 119002
• Author(s): J C Coleman
• Date Published: 1989
• Length: 5 pages
• Sponsoring Agency: South Carolina Criminal Justice Acad
• Publication Format: Article
• Publication Type: Policy/Procedure Handbook/Manual
• 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.