United States v. Dennis Nelson Allen

Dennis N. Allen appeals his conviction under 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A) for possession of LSD with intent to distribute. The only important question is whether the district court correctly denied a motion to suppress drugs found in a briefcase Allen was carrying.

On July 5, 1979, Drug Enforcement Agent Jerry Snyder, stationed in Seattle, received a telephone call from a Western Airlines salesperson who told him that a person fitting the DEA’s “airport drug courier profile” had just purchased a round-trip ticket to San Francisco. That person, who turned out to be Allen, conformed to the profile in several respects: (a) his destination was San Francisco, a “drug source city;” (b) he purchased his ticket in cash with bills of small denominations; (c) he appeared nervous when buying the ticket; (d) he was to have a short layover in San Francisco before returning to Seattle; and (e) he was carrying little luggage.

The DEA did not attempt to put Allen under surveillance in San Francisco. Instead, Agent Snyder decided to stop and question Allen upon his return to Seattle later the same day. When Allen deplaned, Agent Snyder and a colleague, Agent Green, approached him and…