United States v. Mendenhall

Facts

The defendant, a 22-year-old black woman, was observed by two agents at the airport who were present at the airport for the purpose of detecting unlawful traffic in narcotics. After observing the defendant’s conduct, which appeared to the agents to be characteristic of persons carrying narcotics, the agents approached her. They identified themselves as federal agents and asked to see her ID and airline ticket. The defendant produced a license that had the name of Sylvia Mendenhall, but her airline ticket was issued in the name of “Annette Ford.” The defendant stated that she “just felt like using that name.” The defendant “became quite shaken, extremely nervous. She had a hard time speaking.”

After returning the airline ticket and driver’s license to her, the agent asked if she would accompany him to the airport DEA office for further questions. She did so. At the office, the agent asked the defendant if she would allow a search of her person and handbag and told her that she had the right to decline the search if she desired. She told them to go ahead and handed over her purse. A female officer arrived to search the defendant’s person. The officer again asked the defendant if she consented to the search, and she said that she did. The policewoman explained that the search would require that the defendant remove her clothing. As the defendant removed her clothing, she also removed two small packages from her underwear containing heroin.

She was convicted of possessing heroin. The Court of Appeals reversed, concluding that the consent to the search was in fact not voluntarily given and was in any event the product of earlier official conduct violative of the Fourth Amendment, as the government conceded that the agents did not have a warrant nor probable cause to believe that the defendant was carrying narcotics.