• A Cop's View on "Drug Courier Profiling" (Whoops – I meant "Drug Courier Indicators")

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    Since
    the start of the infamous “Drug War” there has been
    a constant attack and chipping away at the security
    and privacy rights guaranteed by the Fourth Amendment.
    One of the most audacious and controversial schemes
    is the concept of making seizures of a persons and properties
    based on the “drug courier profiles.”

    This
    has long been used at the nation’s airports (see box
    at right for extracts from a comprehensive analysis
    of this activity) and recently we find that similar
    activity and breaches of personal privacy have been
    going on for years with respect to the passengers of
    the Amtrak passenger trains (see Amtrak
    Pulls DEA Computer, Albuquerque Journal, April
    25, 2001
    ).

    Profiles
    are useful to the police and federal drug agents because
    of the annoying requirement for “probable cause” in
    order to detain a “suspect” as defined by that antiquated
    document, the Constitution (4th Amendment). “Probable
    cause," being as vague a dollar watch warranty,
    is easily provided by defining a crook by his/her looks
    and accessories. That not much is needed to get by the
    “probable cause” requirement has been repeatedly confirmed
    by the courts, including the U.S. Supreme Court (which
    made a decision just this week, in Atwater v. City of
    Lago Vista, that “lowers the constitutional threshold
    by which citizens can be deprived of their liberty,"
    according to Timothy
    Lynch
    ).

    While
    doing some web research recently on the matter of “profiles,"
    I stumbled on a site that supports police and promotes
    a major asset for getting by the Fourth Amendment —
    drug sniffing dogs. But ignoring the money
    making dog hawking
    (“Perhaps the most profitable
    investment a community can make is establishing a POLICE
    K-9 UNIT. A properly trained K-9 will usually pay for
    itself in 60 days and keep the revenue of city hall
    running high by utilizing the drug forfeiture laws.”
    according to Robert A. Austin, president of K-9 WORLD
    OF DOGS, who is also a “Certified Police Officer in
    State of Ohio," according
    to his resume
    .

    What
    follows is a review of one of his documents; the rest
    are equally “interesting” but time and space do not
    permit any further indulgence in this nonsense at this
    time. We read almost daily a citizen and/or libertarian
    view of the current police state of America — now let
    us see what the other side has to say.

    Drug
    Courier Profile Indicators

    This
    document, DRUG
    COURIER PROFILE INDICATORS
    [Note
    1]
    , discusses a precise drug profile model
    which will allow the police to nab the druggies without
    in anyway stepping on the constitutional rights of ordinary
    citizens.

    Extracts
    from this document will follow along with my comments.
    To distinguish the two, I will put the extracts indented
    in brown, like so:

    direct
    quotes

    The
    first sentence of the article is a small warning concerning
    terminology:

    In
    recent years, the term “Drug Courier Profile” has
    been used to describe those involved in the transportation
    of drugs. As this is accepted terminology in general
    conversation, it can create legal problems if used
    in conjunction with a vehicle stop.

    So,
    you have been wondering why the cops gave up “drug courier
    profiling” especially since it was really doing the
    job — that is, until a few whining liberals and libertarians
    stirred up the press. The solution was simple: don’t
    use the term “Drug Courier Profile” anymore! In
    a later part of the article, the author advises on the
    proper way to refer to this operation now.

    Let
    us continue with the authors introduction:

    Stopping
    someone because they fit a “Drug Courier Profile”
    has been referred to as a “reasonable suspicion” or
    pretext stop. In recent court cases, the courts have
    had mixed opinions on the legality of detaining someone
    based on nothing but reasonable suspicion. For this
    reason, we will not stop someone solely on suspicion
    that she/he fits a drug courier profile.
    Once
    a vehicle has been stopped for a violation, or within
    the scope of our duties, the officer should then look
    for indicators leading him to believe that the person
    is involved in drug trafficking.

    Well
    that is nice to know — my Fourth Amendment rights are
    not going to be violated unless I have somehow made
    a minor traffic violation. I got a feeling that I couldn’t
    drive to the grocery store and back without making some
    “minor traffic violation.”

    What
    is more troubling is the concept that if you break one
    law it creates the option for the police to investigate
    you for any other potential violation, totally unrelated
    to the initial infraction.

    And
    one more thing — don’t you find the phrasing of the
    second sentence a little scary?

    Let
    us continue.

    Indicators
    can be broken down into three categories;

    1. Exterior of the vehicle and driving habits.
    2. Interior of the vehicle.
    3. The driver and/or passengers.

    The
    following is a list of indicators that have been present
    during numerous seizures by various law enforcement
    agencies. As additional indicators are discovered,
    they will be provided to you.

    OK,
    we are finally getting to the juicy parts.

    Exterior
    Indicators to look for:

    1. Large or late model cars with large trunks –
      GM most popular.
      a. Intermediate size also used.
      b. Occasionally a smaller car will be involved.

    Now
    you see why I referred to this scheme as “a precise
    drug profile model.” As you can see, this “filter” is
    tailored to exactly what a druggie would use — a large,
    or maybe an intermediate or small — automobile. Such
    precision was learned from watching old Perry Mason
    flicks, I would bet.

      1. Older car in top running condition.

    Well
    if not a late model car, maybe an older model. Let us
    not be too picky. Certainly no honest, law-abiding citizen
    would be seen in an older car that runs good.

      1. Vans and pickup trucks with
        camper tops also commonly used.
      2. Tinted or blacked out windows.
      3. Numerous radio antennas.
        a. CB radios.
        b. Police scanners.
      4. Radar Detectors
      5. Vehicles equipped with air shocks that normally
        wouldn’t have them.
      6. Two or more vehicles running in tandem.
      7. Pulling speed boats with cover.

    Now
    how many honest citizens would be caught dead with any
    of that stuff? But you know, this is making me think
    about that sorry brother-in-law of mine who lives over
    in Alabama. That no good son-of-a-gun not only has a
    pick-up with a camper shell on the back, antennas all
    over the place, pumped up shocks, and on and on, but
    he also drags that big bass boat around all the time
    just to show off. I’m surprised they haven’t nailed
    his butt already.

    Extracts
    from the article, THE DRUG COURIER PROFILE,
    by CHARLES L. BECTON, North Carolina Law Review
    MARCH, 1987, 65 N.C.L. Rev. 417

    The
    following discussion presents a list of factors categorized
    under seven topical headings: (1) Reservations and Ticket
    Purchases; (2) Airports and Flights; (3) Nervousness
    and Associated Behavior; (4) Significance of Luggage;
    (5) Companions (Traveled With or Picked Up By); (6)
    Personal Characteristics; and (7) Miscellany.

    DEA
    agents, without regard to consistency, have testified
    that the factors discussed under these topical headings
    form part of the bases on which they decide to detain
    air travelers. . . .

    1.
    Reservations and Ticket Purchases — In many cases drug
    agents testify without hesitation that drug couriers
    seldom make reservations, and that couriers instead
    prefer to purchase their airline tickets immediately
    before flight departure time. With no less resolve drug
    agents testify also that drug couriers often make recent
    or short-notice reservations. . . .

    2.
    Airports and Flights — When DEA agents first developed
    the drug courier profile, the “source city” designation
    became a preeminent profile factor. Drug agents routinely
    monitored incoming flights from source cities. . . .
    With little regard for consistency, DEA agents testify
    that each of the following constitutes a prominent profile
    factor: (1) Non-stop or direct flights to and from source
    cities; and (2) Circuitous routes or changing airlines
    or flights to and from source cities.

    3.
    Nervousness and Associated Behavior — Despite drug agents’
    testimony that they can detect “growing nervousness”
    or tell-tale eyes, there is no uniform or coherent list
    of profile factors relating to nervousness. Walking
    quickly is considered a prime behavior factor, but so
    is walking slowly. Walking in an unusual pattern through
    the terminal and rushing to the restroom after deplaning
    appear just as significant as leaving the terminal in
    a hurried and nervous manner. . . .

    4.
    Significance of Luggage — All air travelers fit at least
    one of the profile factors regarding the use of luggage.
    DEA agents deem it significant when air travelers check
    no luggage. . . . Similarly, DEA agents testify inconsistently
    regarding the amount of luggage an air traveler carries.
    Carrying no luggage is as noteworthy as carrying a small
    tote bag, a medium-size bag, two bulky garment bags,
    “two apparently heavy-laden suitcases,” or four pieces
    of luggage. . . .

    6.
    Personal Characteristics — Depending on which case is
    read, a typical drug courier is either a black male,
    a female, a black female, an Hispanic person, or a young
    person who may be “sloppily dressed” or “smartly dressed..”
    . .

    7.
    Miscellany — . . . drug agents treat the following drug
    courier profile factors with equal significance: being
    the first, or one of the first, passengers to deplane;
    being the last passenger to deplane; and deplaning from
    the middle. By way of further example, making a local
    telephone call immediately after deplaning constitutes
    a profile factor, as does making a long-distance telephone
    call. Similarly, drug agents have testified that leaving
    the airport by public transportation, especially taxi,
    private vehicle, limousine, or hotel courtesy van all
    constitute profile factors.

      1. Vehicle Registration:
        a. Common tags seen are Florida, Texas, Maryland,
        New York and New Jersey
        b. Florida “Z” for all rental and leased cars

    Well,
    I always figured folks from those states were up to
    no good. And what kind of president would come from
    those places? I guess you notice, Arkansas is not on
    the list!

      1. Stickers or decals indicating
        where the car is from or has been – do they
        match state of registration?

    Hmm.
    I guess I better go out and scrape those Brandon, Missouri
    decals off my P.U. right now as I ain’t really from
    there.

    1. Driving habits often result
      in the courier being stopped for a routine violation

      a. Speeding up and slowing down
      b. Scrupulous obedience to traffic laws –
      overly cautious
      c. Erratic driving due to drug or alcohol use
      d. Many drive straight through and take drugs
      to stay awake
      e. Take a long time to pull over

    Good
    advice there, I’m sure. The next time I take a trip
    I don’t intend to ever speed up or slow down, I will
    try to break a traffic law now and then (how can “Scrupulous
    obedience to traffic laws” be a “routine violation”?),
    I won’t drank no beers or coffee to try to stay awake,
    and I will throw the truck into a four wheel lock-up
    if I ever even think I hear a siren.

      1. In order to avoid leaving
        the vehicle they will often sleep in a rest area

    Now
    I been known to take a little nap now and then in a
    rest area — but no more. From now on, I’ll do my napping
    in a Walmart’s parking lot or some such. Maybe they
    ought to change the name form “rest area” to “rest,
    but don’t go to sleep, area.”

    Interior
    Indicators to look for:

    1. Fuzz busters, scanners,
      and radios if not visible from exterior
    2. Road maps or atlas
      a. Check for marked route of travel

    Well
    I guess I will chunk all those nice maps Exxon sent
    me with the route to Brandon, Missouri marked in Day-glow
    pink. No sense in agitating the law when you don’t really
    need them anyway.

    1. Newspapers indicating where
      she/he has been
    2. Tissues – boxed, or signs or exceptional
      use

    Well
    we are in the clear there. We just use a roll of toilet
    paper. A lot cheaper and maybe even softer.

    1. Duct Tape – (very common)
      – Fiberglass material
      a. White and gray most common found

    Hey,
    they are getting mighty close to home on that one. My
    old pickem-up is held together with duct tape and baling
    wire. I guess I will start using that shiny stuff, tho
    it is a whole lot more expensive. But the law is the
    law. . .

      1. One or two screwdrivers or isolated wrench laying
        on floor or in glove box

    Wait
    just a minute on that one! I got $300 worth of wrenches
    scattered around my pickup. But mostly in the back hidden
    under a stack of beer cans and used transmission parts.
    Hope that is all right.

    1. Aerosol cans
      a. Check for reverse threading
    2. Thermos bottles – can indicate travel as
      well as be concealed compartment
    3. Obvious odor of perfume, deodorizer, or talcum
      powder
      a. Odor of ether or cedar shavings
    4. Strong odor of fresh ground coffee

    Well
    I like my fresh coffee in the morning but I guess I
    can forego it if I’m driving. Nothing said about beer
    — guess I’ll just have one of those if I start getting
    sleepy.

    1. Odor of burnt or raw marijuana
    2. Roaches in ashtray or residue on roach clips

    They
    don’t need to worry about that with me and my friends.
    Just like old Merle sang about in “Okie from Muskogee,"
    if we won’t to get drunk and rowdy we will do it with
    whiskey and beer — but we leave that dope alone. I always
    try to follow the examples of the leaders of our country
    on things like that.

    1. Spare tire in back seat
    2. Little or no luggage
      a. Hard, air tight such as Samsonite
      [Note 2]

    Whoa!
    They are getting mighty picky there. We’ve had this
    Samsonite suit case for 40 years and we ain’t about
    to get rid of it now. Besides, it ain’t so air tight
    any more what with one hinge busted and a dent in the
    side.

    1. Signs of extensive travel
      such as carton of cigarettes or other items from
      out of the area
      a. Fast food bags
      b. Tax stamp on cigarettes
      c. Motel, gas receipts

    I
    can see that me and the ole lady have got a lot of cleaning
    up to do in both our vehicles. I probably still got
    the first MacDonald’s styrofoam tray from the first
    meal I ever bought (that was back before they discovered
    that stuff will kill you) still under the seats somewhere.
    Besides, if your traveling, seems it would be a little
    difficult not to have some things in your car “from
    out of the area.”

    Here
    is the rest of the things that decent people are not
    likely to have in their car, I reckon. I really don’t
    know what the problem is with souvenirs and citrus fruit,
    but then I’m not an expert on criminal behavior by a
    long shot.

    1. High mileage on new car
    2. Service stickers
    3. Papers with flight numbers, boat names, bus routes,
      etc.
    4. Address books or phone number lists
    5. Business cards
    6. Fireworks or souvenirs
    7. Citrus fruit
    8. One key in ignition or trunk key missing from
      key ring
    9. Pagers in vehicle or on driver

    There’s
    a lot more in the article about suspicious things that
    drug couriers like to have but I won’t bore you with
    most of it. However there are just a few more that might
    not be obvious to you that I will list as a public service:

    Indicators
    from the driver and/or passenger:

    1. Driver exits the vehicle rapidly and comes back
      to the patrol car
    2. Often gives signs of fertile behavior or nervousness
    3. Many times are or have resided in the Miami area
    4. What does a courier look like?
      a. Usually between 20-40 years old, average age
      32
      b. Many unemployed
      c. Many don’t fit the vehicle
      d. Unshaved appearance
      e. Two man teams are common – women and women
      with children also used
      f. Many are immigrants:
         1) Cuba
         2) Mexico
         3) Colombians
         4) Some Pakistani’s involved
      in heroin
         5) Immigrants from El Salvador
      and Nicaragua starting to get involved to fund
      weapons

    NOTES
    “Profile” is a bad term to use when referring to your
    observations of vehicle, driver and contents. Use
    “indicators.”

    Conversation
    with suspect is very important. If you feel you may
    ask for a consent search keep your conversation casual
    and non-aggressive.

    Yeah,
    the word “indicators” is a better word — more syllables,
    for one.

    And
    there is nothing wrong with a cop being friendly –
    a lot easier than filling out all that paper work to
    get a warrant!

    I
    hope this article will be useful to you. No one likes
    their travel plans messed up because they got “detained”
    by the law just because they got a good deal on some
    Samsonite luggage down at Walmarts. If you will carefully
    take note of the above “indicators of a drug courier”
    and make sure you don’t even come close to matching
    those “indicators” (hmm — I’m beginning to thing “profile”
    is a better word), then you are not likely to have trouble
    with the law who is just doing his duty and … well,
    maybe picking
    up a few high-ticket goodies for the department
    .

    Notes:


    1. The “K-9
      WORLD OF DOGS”
      site contains several other law
      enforcement jewels: LEGAL
      POINTS AND CASE LAW
      , TRAFFIC
      STOPS
      , CONTRABAND
      SEIZURE AND FORFEITURE STATE OF OHIO
      , FEDERAL
      ASSET AND FORFEITURE U. S. DRUG ENFORCEMENT (DEA)
      ,
      and more. To see the complete list, go to “POLICE
      K-9 INFORMATION”
      and click on the top, right,
      K-9 emblem.

    2. According to Becton in “The Drug Courier Profile”
      paper quoted above, American Tourister luggage is
      the one that is a sure indicator that the owner
      is a drug courier. Why this discrepancy, I do not
      know.

    May
    2, 2001

    Leon
    Felkins is a retired Engineer, Army officer and former
    teacher of Computer Systems. He now maintains a web
    page on Political Philosophy, "A
    Rational Life
    ", and another on the history
    of politics, "Political
    Almanac
    ."

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