Bert
United States v. Bert
Opinion
Lead Opinion
MEMORANDUM *
We affirm Bert’s convictions. We address all of the issues Bert raises on appeal in this unpublished memorandum. We address the Government’s cross-appeal in a contemporaneously filed published opinion.
*468 I. Bert’s Motion To Suppress
We reject Bert’s argument that he was detained and searched in violation of the Fourth Amendment when he and the officers left the train terminal building. We conclude that the officers had reasonable suspicion to detain Bert outside the building and obtained the drugs in a valid search incident to arrest.
“[T]he police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks probable cause.” 2 In determining whether reasonable suspicion supported a detention, a court “must look at the totality of the circumstances of each case to see whether the detaining officer has a particularized and objective basis for suspecting legal wrongdoing.” 3 While mere correspondence to a drug courier profile does not provide reasonable suspicion, 4 the combination of a profile match with factors such as…