Abstract

In an effort to stem the transportation of drugs upon the nation's highways, some law enforcement agencies now routinely conduct investigatory detentions of motorists based solely upon a "drug courier profile." That is, upon identifying certain characteristics in a passing motorist, the officer signals him to pull over for questioning, which may or may not culminate in a search of the vehicle and seizure of drugs. The justification advanced for this procedure is that the drug courier profile, standing alone, supports valid reasonable suspicion to conduct a Terry investigative detention.

The detention of motorists based upon their exhibition of drug courier profile characteristics originated from the drug courier profile first implemented by the federal Drug Enforcement Agency (DEA) in the mid-1970s. This profile was developed to detect those carrying illegal drugs through airports. In turn, the airport drug courier profile originated from the Federal Aeronautics Administration's (FAA) "anti-skyjacking" profile. The purpose of the FAA profile was to detect people who were smuggling weapons aboard commercial airplanes.

This Note examines the high fourth amendment standard set by the FAA skyjacker profile and the failure of its less illustrious progeny, the DEA's drug courier profile, to live up to that standard. Additionally, it examines the extension of the DEA's airport drug courier profile to the highway setting. Finally, it analyzes the reaction of courts to this latest development in the evolution of criminal profiles.

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