United States V. Mendenhall
Case Date: 11/04/1980
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On the morning of February 10, 1976, Sylvia Mendenhall was walking through the concourse of Detroit Metropolitan Airport after disembarking a commercial flight returning from Los Angeles. Upon her trek through the airport, she was noticed by two Drug Enforcement Agency (DEA) agents. The two agents grew suspicious, and later stating that she appeared to have the characteristics of a person unlawfully transporting narcotics. The agents approached her and identified themselves as federal agents. Following procedure, they began to question Ms. Mendenhall; asking things like, "How long were you in California?" In which she responded by stating it was a short two-day trip. The agents later asked her to present identification and an airline ticket. She distributed her driver’s license and the airline tickets to the agents. The name on the driver’s license said “Sylvia Mendenhall” and the name on the airline ticket was “Annette Ford”. Upon questioning, she responded, “[I] just felt like using that name.”[1] "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." [2] The agents requested that the respondent accompany them to the DEA office in the Airport; she did so willingly. At the office, the agents asked for permission to inspect her handbag and her person and informed her of her right to decline. She responded, "Go ahead," while handing her purse to the agent. A female police officer arrived in the office to conduct the search. The officer also proclaimed that the respondent had the right to decline the search. When asked to remove her clothes, she explained that she had a flight to catch, but was assured that if she had no narcotics on her, that there would be no issues. Without further comments, she began to disrobe. Two packages were found beneath her undergarments and were handed to the policewomen. One package appeared to contain an illegal substance. The respondent was arrested for possession of heroin. The District Court denied the motion to suppress the evidence. The court concluded that the agents' actions were permissible in investigating suspicion of criminal activity. The respondent voluntarily accompanied the agents to the DEA office. The court convicted Sylvia Mendenhall. The court of appeals reversed the decision, stating that the respondent did not properly consent to the search.[3]
[edit] Drug-Courier Profile as testified by DEA Agent
"The agent testified that the respondent's behavior fit the so-called 'drug courier profile' -- an informally compiled abstract of characteristics thought typical of persons carrying illicit drugs. In this case, the agents thought it relevant that (1) the respondent was arriving on a flight from Los Angeles, a city believed by the agents to be the place of origin for much of the heroin brought to Detroit; (2) the respondent was the last person to leave the plane, 'appeared to be very nervous,' and 'completely scanned the whole area where [the agents] were standing'; (3) after leaving the plane, the respondent proceeded past the baggage area without claiming any luggage; and (4) the respondent changed airlines for her flight out of Detroit."[4]
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