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''Florida v. Royer'', 460 U.S. 491 (1983), was a
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case dealing with issues involving the Fourth Amendment. Specifically, the case establishes a firm line in cases where police conduct
search and seizure Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confisc ...
without a warrant. The court ruled that, while it is legal for authorities to target and approach a person based on their behavior, absent more, they cannot detain or search such individual without a warrant.


Background

In January 1978, two undercover officers approached the plaintiff, Mr. Royer, at the
Miami International Airport Miami International Airport , also known as MIA and historically as Wilcox Field, is the primary airport serving the greater Miami metropolitan area with over 1,000 daily flights to 167 domestic and international destinations, including most c ...
because he fit a drug courier profile: He was a casually dressed, nervous young man carrying heavy luggage. Also, he paid cash for his ticket and filled out his baggage tag only with a name and destination. The officers identified themselves and asked if he would speak with them. He consented and, at their request, produced his airline ticket and his driver's license. He became visibly nervous when the officers noted that the ticket and driver's license bore different names, and then they told him they suspected him of transporting narcotics. Without returning his ticket or license, they asked him to accompany them to a small room off the concourse. He said nothing in response but went with them. Without his consent, they retrieved his luggage and brought it to the room. When asked if he would consent to a search of his suitcases, again he did not speak, but handed the officers a key. When the officers opened the suitcase, they discovered it contained
marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various tra ...
.


Decision

The Supreme Court held that, although the officers correctly approached Mr. Royer in the airport, they moved him without his consent to the small room and held him there without probable cause. Therefore, his consent to search the suitcase resulted from an illegal custody and the marijuana discovered could not be admitted into evidence. The officers should not have asked the suspect to accompany them from the point of the initial consensual encounter to the small room until they returned his ticket and license. There was nothing to indicate the officers had any concern for their safety, or any legitimate need related to the limited purpose of the initial ''Terry'' stop. The court makes its decision about custody/non-custody based on everything police say or do—the ''totality of circumstances'' test. The officers also told him they suspected him of transporting narcotics, and ''then'' confined him in a small, enclosed room. If that were not enough, they retrieved his luggage without his consent. Thus, the Court held that a reasonable man would believe he was either under arrest, or in a custodial situation functionally equivalent to arrest. Since the officers only had reasonable suspicion, not probable cause to believe he was transporting narcotics until they opened the suitcase and found the marijuana (which they admitted in court), they had no legal right to place Mr. Royer in custody.


See also

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List of United States Supreme Court cases, volume 460 This is a list of all the United States Supreme Court cases from volume 460 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, ...


References

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External links

* {{DEFAULTSORT:Florida V. Royer United States Supreme Court cases United States Fourth Amendment case law 1983 in United States case law United States controlled substances case law Legal history of Florida History of Miami-Dade County, Florida United States Supreme Court cases of the Burger Court Cannabis in Florida Miami International Airport