United States v. Mendenhall

446 U.S. 544, 100 S. Ct. 1870, 64 L. Ed. 2d 497, 1980 U.S. LEXIS 102
Supreme Court of the United States·Decided June 30, 1980·No. 78-1821·Published·Cited by 6,273 cases

Opinions

Mr. Justice Stewart

announced the judgment of the Court and delivered an opinion, in which Mr. Justice Rehnquist joined.

The respondent was brought to trial in the United States District Court for the Eastern District of Michigan on a [547] charge of possessing heroin with intent to distribute it. She moved to suppress the introduction at trial of the heroin as evidence against her on the ground that it had been acquired from her through an unconstitutional search and seizure by agents of the Drug Enforcement Administration (DEA). The District Court denied the respondent’s motion, and she was convicted after a trial upon stipulated facts. The Court of Appeals reversed, finding the search of the respondent’s person to have been unlawful. We granted certiorari to consider whether any right of the respondent guaranteed by the Fourth Amendment was violated in the circumstances presented by this case. 444 U. S. 822.

I

At the hearing in the trial court on the respondent’s motion to suppress, it was established how the heroin she was charged with possessing had been obtained from her. The respondent arrived at the Detroit Metropolitan Airport on a commercial airline flight from Los Angeles early in the morning on February 10, 1976. As she disembarked from the airplane, she was observed by two agents of the DEA, who were present at the airport for the purpose of detecting unlawful traffic in narcotics. After observing the respondent’s conduct, which appeared to the agents to be characteristic of persons unlawfully carrying narcotics,1 the agents approached her as she was walking through the concourse, identified themselves as federal [548] agents, and asked to see her identification and airline ticket. The respondent produced her driver’s license, which was in the name of Sylvia Mendenhall, and, in answer to a question of one of the agents, stated that -she resided at the address appearing on the license. The airline ticket was issued in the name of “Annette Ford.” When asked why the ticket bore a name different from her own, the respondent stated that she “just felt like using that name.” In response to a further question, the respondent indicated that she had been in California only two days. Agent Anderson then specifically identified himself as a federal narcotics agent and, according to his testimony, the respondent “became quite shaken, extremely nervous. She had a hard time speaking.”

After returning the airline ticket and driver’s license to her, Agent Anderson asked the respondent if she would accompany him to the airport DEA office for further questions. She did so, although the record does not indicate a verbal response to the request. The office, which was located up one flight of stairs about 50 feet from where the respondent had first been approached, consisted of a reception area adjoined by three other rooms. At the office the agent asked the respondent 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.” She then handed Agent Anderson her purse, which contained a receipt for an airline ticket that had been issued to “F. Bush” three days earlier for a flight from Pittsburgh through Chicago to Los Angeles. The agent asked whether this was the ticket that she had used for her flight to California, and the respondent stated that it was.

A female police officer then arrived to conduct the search of the respondent’s person. She asked the agents if the respondent had consented to be searched. The agents said that she had, and the respondent followed the policewoman into a private room. There the policewoman again asked the respondent if she consented to the search, and the respondent [549] replied that- she did. The policewoman explained that the search would require that the respondent remove her clothing. The respondent stated that she had a plane to catch and was assured by the policewoman that if she were carrying no narcotics, there would be no problem. The respondent then began to disrobe without further comment. As the respondent removed her clothing, she took from her undergarments two small packages, one of which appeared to contain heroin, and handed both to the policewoman. The agents then arrested the respondent for possessing heroin.

It was on the basis of this evidence that the District Court denied the respondent’s motion to suppress. The court concluded that the agents’ conduct in initially approaching the respondent and asking to see her ticket and identification was a permissible investigative stop under the standards of Terry v. Ohio, 392 U. S. 1, and United States v. Brignoni-Ponce, 422 U. S. 873, finding that this conduct was based on specific and articulable facts that justified a suspicion of criminal activity. The court also found that the respondent had not been placed under arrest or otherwise detained when she was asked to accompany the agents to the DEA office, but had accompanied the agents “ ‘voluntarily in a spirit of apparent cooperation.’ ” It was the court’s view that no arrest occurred until after the heroin had been found. Finally, the trial court found that the respondent “gave her consent to the search [in the DEA office] and . . . such consent was freely and voluntarily given.”

The Court of Appeals reversed the respondent’s subsequent conviction, stating only that “the court concludes that this case is indistinguishable from United States v. McCaleb,” 552 F. 2d 717 (CA6 1977).2 In McCaleb the Court of Appeals had suppressed heroin seized by DEA agents at the Detroit Airport in circumstances substantially similar to those in the [550] present case.3 The Court of Appeals there disapproved the Government’s reliance on the so-called “drug courier profile,” and held that the agents could not reasonably have suspected criminal activity in that case, for the reason that “the activities of the [persons] observed by DEA agents, were consistent with innocent behavior,” id., at 720. The Court of Appeals further concluded in McCaleb that, even if the initial approach had been permissible, asking the suspects to accompany the agents to a private room for further questioning constituted an arrest requiring probable cause. Finally, the court in McCaleb held that the consent to the search in that case had not been voluntarily given, principally because it was the fruit of what the court believed to have been an unconstitutional detention.

On rehearing en banc of the present case, the Court of Appeals reaffirmed its original decision, stating simply that the respondent had not validly consented to the search “within the meaning of [McCaleb].” 596 F. 2d 706, 707.

II

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United States v. Mendenhall, 446 U.S. 544, 100 S. Ct. 1870, 64 L. Ed. 2d 497, 1980 U.S. LEXIS 102 (1980).

446 U.S. 544 (United States v. Mendenhall) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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