United States v. Fuentes
Encyclopedia
United States v. Fuentes was a 1997 case in which the U.S. Court of Appeals for the Ninth Circuit ruled that "Mere refusal to consent to a stop or search does not give rise to reasonable suspicion
or probable cause
." The case involved a Terry stop
at an airport of a suspected drug smuggler, and his subsequent flight attempt from Drug Enforcement Administration
agents that, along with other suspicious factors, did give the officers probable cause to arrest him.
Reasonable suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch' ";...
or probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
." The case involved a Terry stop
Terry stop
In the United States, a Terry stop is a brief detention of a person bypoliceon reasonable suspicion of involvement in criminal activity but short of probable cause to arrest.The name derives from Terry v. Ohio, 392 U.S...
at an airport of a suspected drug smuggler, and his subsequent flight attempt from Drug Enforcement Administration
Drug Enforcement Administration
The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
agents that, along with other suspicious factors, did give the officers probable cause to arrest him.