5 Reasonable Suspicion 5 Reasonable Suspicion

5.2 TERRY v. OHIO 5.2 TERRY v. OHIO

TERRY v. OHIO.

No. 67.

Argued December 12, 1967.

Decided June 10, 1968.

*4 Louis Stokes argued the cause for petitioner. With him on the brief was Jack G. Day.

Reuben M. Payne argued the cause for respondent. With him on the brief was John T. Corrigan.

Briefs of amici curiae, urging reversal, were filed by Jack Greenberg, James M. Nabrit III, Michael Meltsner, Melvyn Zarr, and Anthony G. Amsterdam for the NAACP Legal Defense and Educational Fund, Inc., and by Bernard A. Berkman, Melvin L. Wulf, and Alan H. Levine for the American Civil Liberties Union et al.

Briefs of amici curiae, urging affirmance, were filed by Solicitor General Griswold, Assistant Attorney General Vinson, Ralph S. Spritzer, Beatrice Rosenberg, and Mer-vyn Hamburg for the United States; by Louis J. Lejko-witz, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Maria L. Marcus and Brenda Soloff, Assistant Attorneys General, for the Attorney General of New York; by Charles Moylan, Jr., Evelle J. Younger, and Harry Wood for the National District Attorneys' Assn., and by James R. Thompson for Americans for Effective Law Enforcement.

Mr. Chief Justice Warren

delivered the opinion of the Court.

This case presents serious questions concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and the policeman investigating suspicious circumstances.

Petitioner Terry was convicted of carrying a concealed weapon and sentenced to the statutorily prescribed term of one to three years in the penitentiary.1 Following *5the denial of a pretrial motion to suppress, the prosecution introduced in evidence two revolvers and a number of bullets seized from Terry and a codefendant, Richard Chilton,2 by Cleveland Police Detective Martin McFadden. At the hearing on the motion to suppress this evidence, Officer McFadden testified that while he was patrolling in plain clothes in downtown Cleveland at approximately 2:30 in the afternoon of October 31, 1963, his attention was attracted by two men, Chilton and Terry, standing on the corner of Huron Road and Euclid Avenue. He had never seen the two men before, and he was unable to say precisely what first drew his eye to them. However, he testified that he had been a policeman for 39 years and a detective for 35 and that he had been assigned to patrol this vicinity of downtown Cleveland for shoplifters and pickpockets for 30 years. He explained that he had developed routine habits of observation over the years and that he would “stand and watch people or walk and watch people at many intervals of the day.” He added: “Now, in this case when I looked over they didn’t look right to me at the time.”

His interest aroused, Officer McFadden took up a post of observation in the entrance to a store 300 to 400 feet *6away from the two men. “I get more purpose to watch them when I seen their movements,” he testified. He saw one of the men leave the other one and walk southwest on Huron Road, past some stores. The man paused for a moment and looked in a store window, then walked on a short distance, turned around and walked back toward the corner, pausing once again to look in the same store window. He rejoined his companion at the comer, and the two conferred briefly. Then the second man went through the same series of motions, strolling down Huron Road, looking in the same window, walking on a short distance, turning back, peering in the store window again, and returning to confer with the first man at the corner. The two men repeated this ritual alternately between five and six times apiece — in all, roughly a dozen trips. At one point, while the two were standing together on the corner, a third man approached them and engaged them briefly in conversation. This man then left the two others and walked west on Euclid Avenue. Chilton and Terry resumed their measured pacing, peering, and conferring. After this had gone on for 10 to 12 minutes, the two men walked off together, heading west on Euclid Avenue, following the path taken earlier by the third man.

By this time Officer McFadden had become thoroughly suspicious. He testified that after observing their elaborately casual and oft-repeated reconnaissance of the store window on Huron Road, he suspected the two men of “casing a job, a stick-up,” and that he considered it his duty as a police officer to investigate further. He added that he feared “they may have a gun.” Thus, Officer McEadden followed Chilton and Terry and saw them stop in front of Zucker’s store to talk to the same man who had conferred with them earlier on the street corner. Deciding that the situation was ripe for direct action, Officer McFadden approached the three men, iden*7tified himself as a police officer and asked for their names. At this point his knowledge was confined to what he had observed. He was not acquainted with any of the three men by name or by sight, and he had received no information concerning them from any other source. When the men “mumbled something” in response to his inquiries, Officer McFadden grabbed petitioner Terry, spun him around so that they were facing the other two, with Terry between McFadden and the others, and patted down the outside of his clothing. In the left breast pocket of Terry’s overcoat Officer McFadden felt a pistol. He reached inside the overcoat pocket, but was unable to remove the gun. At this point, keeping Terry between himself and the others, the officer ordered all three men to enter Zucker’s store. As they went in, he removed Terry’s overcoat completely, removed a .38-caliber revolver from the pocket and ordered all three men to face the wall with their hands raised. Officer McFadden proceeded to pat down the outer clothing of Chilton and the third man, Katz. He discovered another revolver in the outer pocket of Chilton’s overcoat, but no weapons were found on Katz. The officer testified that he only patted the men down to see whether they had weapons, and that he did not put his hands beneath the outer garments of either Terry or Chilton until he felt their guns. So far as appears from the record, he never placed his hands beneath Katz’ outer garments. Officer McFadden seized Chilton’s gun, asked the proprietor of the store to call a police wagon, and took all three men to the station, where Chilton and Terry were formally charged with carrying concealed weapons.

On the motion to suppress the guns the prosecution took the position that they had been seized following a search incident to a lawful arrest. The trial court rejected this theory, stating that it “would be stretching the facts beyond reasonable comprehension” to find that Officer *8McFadden had had probable cause to arrest the men before he patted them down for weapons. However, the court denied the defendants’ motion on the ground that Officer McFadden, on the basis of his experience, “had reasonable cause to believe . . . that the defendants were conducting themselves suspiciously, and some interrogation should be made of their action.” Purely for his own protection, the court held, the officer had the right to pat down the outer clothing of these men, who he had reasonable cause to believe might be armed. The court distinguished between an investigatory “stop” and an arrest, and between a “frisk” of the outer clothing for weapons and a full-blown search for evidence of crime. The frisk, it held, was essential to the proper performance of the officer’s investigatory duties, for without it “the answer to the police officer may be a bullet, and a loaded pistol discovered during the frisk is admissible.”

After the court denied their motion to suppress, Chilton and Terry waived jury trial and pleaded not guilty. The court adjudged them guilty, and the Court of Appeals for the Eighth Judicial District, Cuyahoga County, affirmed. State v. Terry, 5 Ohio App. 2d 122, 214 N. E. 2d 114 (1966). The Supreme Court of Ohio dismissed their appeal on the ground that no “substantial constitutional question” was involved. We granted certiorari, 387 U. S. 929 (1967), to determine whether the admission of the revolvers in evidence violated petitioner’s rights under the Fourth Amendment, made applicable to the States by the Fourteenth. Mapp v. Ohio, 367 U. S. 643 (1961). We affirm the conviction.

I.

The Fourth Amendment provides that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . .” This inestimable right of *9personal security belongs as much to the citizen on the streets of our cities as to the homeowner closeted in his study to dispose of his secret affairs. For, as this Court has always recognized,

“No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.” Union Pac. R. Co. v. Botsford, 141 U. S. 250, 251 (1891).

We have recently held that “the Fourth Amendment protects people, not places,” Katz v. United States, 389 U. S. 347, 351 (1967), and wherever an individual may harbor a reasonable “expectation of privacy,” id., at 361 (Mr. Justice Harlan, concurring), he is entitled to be free from unreasonable governmental intrusion. Of course, the specific content and incidents of this right must be shaped by the context in which it is asserted. For “what the Constitution forbids is not all searches and seizures, but unreasonable searches and seizures.” Elkins v. United States, 364 U. S. 206, 222 (1960). Unquestionably petitioner was entitled to the protection of the Fourth Amendment as he walked down the street in Cleveland. Beck v. Ohio, 379 U. S. 89 (1964); Rios v. United States, 364 U. S. 253 (1960); Henry v. United States, 361 U. S. 98 (1959); United States v. Di Re, 332 U. S. 581 (1948); Carroll v. United States, 267 U. S. 132 (1925). The question is whether in all the circumstances of this on-the-street encounter, his right to personal security was violated by an unreasonable search and seizure.

We would be less than candid if we did not acknowledge that this question thrusts to the fore difficult and troublesome issues regarding a sensitive area of police activity — issues which have never before been squarely *10presented to this Court. Reflective of the tensions involved are the practical and constitutional arguments pressed with great vigor on both sides of the public debate over the power of the police to “stop and frisk”— as it is sometimes euphemistically termed — suspicious persons.

On the one hand, it is frequently argued that in dealing with the rapidly unfolding and often dangerous situations on city streets the police are in need of an escalating set of flexible responses, graduated in relation to the amount of information they possess. For this purpose it is urged that distinctions should be made between a “stop” and an “arrest” (or a “seizure” of a person), and between a “frisk” and a “search.” 3 Thus, it is argued, the police should be allowed to “stop” a person and detain him briefly for questioning upon suspicion that he may be connected with criminal activity. Upon suspicion that the person may be armed, the police should have the power to “frisk” him for weapons. If the “stop” and the “frisk” give rise to probable cause to believe that the suspect has committed a crime, then the police should be empowered to make a formal “arrest,” and a full incident “search” of the person. This scheme is justified in part upon the notion that a “stop” and a “frisk” amount to a mere “minor inconvenience and petty indignity,” 4 which can properly be imposed upon the *11citizen in the interest of effective law enforcement on the basis of a police officer's suspicion.5

On the other side the argument is made that the authority of the police must be strictly circumscribed by the law of arrest and search as it has developed to date in the traditional jurisprudence of the Fourth Amendment.6 It is contended with some force that there is not — and cannot be — a variety of police activity which does not depend solely upon the voluntary cooperation of the citizen and yet which stops short of an arrest based upon probable cause to make such an arrest. The heart of the Fourth Amendment, the argument runs, is a severe requirement of specific justification for any intrusion upon protected personal security, coupled with á highly developed system of judicial controls to enforce upon the agents of the State the commands of the Constitution. Acquiescence by the courts in the compulsion inherent *12in the field interrogation practices at issue here, it is urged, would constitute an abdication of judicial control over, and indeed an encouragement of, substantial interference with liberty and personal security by police officers whose judgment is necessarily colored by their primary involvement in “the often competitive enterprise of ferreting out crime.” Johnson v. United States, 333 U. S. 10, 14 (1948). This, it is argued, can only serve to exacerbate police-community tensions in the crowded centers of our Nation’s cities.7

In this context we approach the issues in this case mindful of the limitations of the judicial function in controlling the myriad daily situations in which policemen and citizens confront each other on the street. The State has characterized the issue here as “the right of a police officer ... to make an on-the-street stop, interrogate and pat down for weapons (known in street vernacular as ‘stop and frisk’).”8 But this is only partly accurate. For the issue is not the abstract propriety of the police conduct, but the admissibility against petitioner of the evidence uncovered by the search and seizure. Ever since its inception, the rule excluding evidence seized in violation of the Fourth Amendment has been recognized as a principal mode of discouraging lawless police conduct. See Weeks v. United States, 232 U. S. 383, 391-393 (1914). Thus its major thrust is a deterrent one, see Linkletter v. Walker, 381 U. S. 618, 629-635 (1965), and experience has taught that it is the only effective deterrent to police misconduct in the criminal context, and that without it the constitutional guarantee against unreasonable searches and seizures would be a mere “form of words.” Mapp v. Ohio, 367 U. S. 643, 655 (1961). The rule also serves another vital function — “the imperative of judicial integrity.” Elkins *13v. United States, 364 U. S. 206, 222 (1960). Courts which sit under our Constitution cannot and will not be made party to lawless invasions of the constitutional rights of citizens by permitting unhindered governmental use of the fruits of such invasions. Thus in our system evidentiary rulings provide the context in which the judicial process of inclusion and exclusion approves some conduct as comporting with constitutional guarantees and disapproves other actions by state agents. A ruling admitting evidence in a criminal trial, we recognize, has the necessary effect of legitimizing the conduct which produced the evidence, while an application of the exclusionary rule withholds the constitutional imprimatur.

The exclusionary rule has its limitations, however, as a tool of judicial control. It cannot properly be invoked to exclude the products of legitimate police investigative techniques on the ground that much conduct which is closely similar involves unwarranted intrusions upon constitutional protections. Moreover, in some contexts the rule is ineffective as a deterrent. Street encounters between citizens and police officers are incredibly rich in diversity. They range from wholly friendly exchanges of pleasantries or mutually useful information to hostile confrontations of armed men involving arrests, or injuries, or loss of life. Moreover, hostile confrontations are not all of a piece. Some of them begin in a friendly enough manner, only to take a different turn upon the injection of some unexpected element into the conversation. Encounters are initiated by the police for a wide variety of purposes, some of which are wholly unrelated to a desire to prosecute for crime.9 Doubtless some *14police “field interrogation” conduct violates the Fourth Amendment. But a stern refusal by this Court to condone such activity does not necessarily render it responsive to the exclusionary rule. Regardless of how effective the rule may be where obtaining convictions is an important objective of the police,10 it is powerless to deter invasions of constitutionally guaranteed rights where the police either have no interest in prosecuting or are willing to forgo successful prosecution in the interest of serving some other goal.

Proper adjudication of cases in which the exclusionary rule is invoked demands a constant awareness of these limitations. The wholesale harassment by certain elements of the police community, of which minority groups, particularly Negroes, frequently complain,11 will not be *15stopped by the exclusion of any evidence from any criminal trial. Yet a rigid and unthinking application of the exclusionary rule, in futile protest against practices which it can never be used effectively to control, may exact a high toll in human injury and frustration of efforts to prevent crime. No judicial opinion can comprehend the protean variety of the street encounter, and we can only judge the facts of the case before us. Nothing we say today is to be taken as indicating approval of police conduct outside the legitimate investigative sphere. Under our decision, courts still retain their traditional responsibility to guard against police conduct which is overbearing or harassing, or which trenches upon personal security without the objective evidentiary justification which the Constitution requires. When such conduct is identified, it must be condemned by the judiciary and its fruits must be excluded from evidence in criminal trials. And, of course, our approval of legitimate and restrained investigative conduct undertaken on the basis of ample factual justification should in no way discourage the employment of other remedies than the exclusionary rule to curtail abuses for which that sanction may prove inappropriate.

Having thus roughly sketched the perimeters of the constitutional debate over the limits on police investigative conduct in general and the background against which this case presents itself, we turn our attention to the quite narrow question posed by the facts before us: whether it is always unreasonable for a policeman to seize a person and subject him to a limited search for weapons unless there is probable cause for an arrest. *16Given the narrowness of this question, we have no occasion to canvass in detail the constitutional limitations upon the scope of a policeman’s power when he confronts a citizen without probable cause to arrest him.

II.

Our first task is to establish at what point in this encounter the Fourth Amendment becomes relevant. That is, we must decide whether and when Officer McFadden “seized” Terry and whether and when he conducted a “search.” There is some suggestion in the use of such terms as “stop” and “frisk” that such police conduct is outside the purview of the Fourth Amendment because neither action rises to the level of a “search” or “seizure” within the meaning of the Constitution.12 We emphatically reject this notion. It is quite plain that the Fourth Amendment governs “seizures” of the person which do not eventuate in a trip to the station house and prosecution for crime — “arrests” in traditional terminology. It must be recognized that whenever a police officer accosts an individual and restrains his freedom to walk away, he has “seized” that person. And it is nothing less than sheer torture of the English language to suggest that a careful exploration of the outer surfaces of a person’s clothing all over his or her body in an attempt to find weapons is not a “search.” Moreover, it is simply fantastic to urge that such a procedure *17performed in public by a policeman while the citizen stands helpless, perhaps facing a wall with his hands raised, is a “petty indignity.” 13 It is a serious intrusion upon the sanctity of the person, which may inflict great indignity and arouse strong resentment, and it is not to be undertaken lightly.14

The danger in the logic which proceeds upon distinctions between a “stop” and an “arrest,” or “seizure” of the person, and between a “frisk” and a “search” is twofold. It seeks to isolate from constitutional scrutiny the initial stages of the contact beween the policeman and the citizen. And by suggesting a rigid all-or-nothing model of justification and regulation under the Amendment, it obscures the utility of limitations upon the scope, as well as the initiation, of police action as a means of constitutional regulation.15 This Court has held in *18the past that a search which is reasonable at its inception may violate the Fourth Amendment by virtue of its intolerable intensity and scope. Kremen v. United States, 353 U. S. 346 (1957); Go-Bart Importing Co. v. *19 United States, 282 U. S. 344, 356-358 (1931); see United States v. Di Re, 332 U. S. 581, 586-587 (1948). The scope of the search must be “strictly tied to and justified by” the circumstances which rendered its initiation permissible. Warden v. Hayden, 387 U. S. 294, 310 (1967) (Mr. Justice Fortas, concurring); see, e. g., Preston v. United States, 376 U. S. 364, 367-368 (1964); Agnello v. United States, 269 U. S. 20, 30-31 (1925).

The distinctions of classical “stop-and-frisk” theory thus serve to divert attention from the central inquiry under the Fourth Amendment — the reasonableness in all the circumstances of the particular governmental invasion of a citizen’s personal security. “Search” and “seizure” are not talismans. We therefore reject the notions that the Fourth Amendment does not come into play at all as a limitation upon police conduct if the officers stop short of something called a “technical arrest” or a “full-blown search.”

In this case there can be no question, then, that Officer McFadden “seized” petitioner and subjected him to a “search” when he took hold of him and patted down the outer surfaces of his clothing. We must decide whether at that point it was reasonable for Officer McFadden to have interfered with petitioner’s personal security as he did.16 And in determining whether the seizure and search were “unreasonable” our inquiry *20is a dual one — whether the officer's action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place.

III.

If this case involved police conduct subject to the Warrant Clause of the Fourth Amendment, we would have to ascertain whether “probable cause” existed to justify the search and seizure which took place. However, that is not the case. We do not retreat from our holdings that the police must, whenever practicable, obtain advance judicial approval of searches and seizures through the warrant procedure, see, e. g., Katz v. United States, 389 U. S. 347 (1967); Beck v. Ohio, 379 U. S. 89, 96 (1964); Chapman v. United States, 365 U. S. 610 (1961), or that in most instances failure to comply with the warrant requirement can only be excused by exigent circumstances, see, e. g., Warden v. Hayden, 387 U. S. 294 (1967) (hot pursuit); cf. Preston v. United States, 376 U. S. 364, 367-368 (1964). But we deal here with an entire rubric of police conduct — necessarily swift action predicated upon the on-the-spot observations of the officer on the beat — which historically has not been, and as a practical matter could not be, subjected to the warrant procedure. Instead, the conduct involved in this case must be tested by the Fourth Amendment's general proscription against unreasonable searches and seizures.17

Nonetheless, the notions which underlie both the warrant procedure and the requirement of probable cause remain fully relevant in this context. In order to assess the reasonableness of Officer McFadden’s conduct as a general proposition, it is necessary “first to focus upon *21the governmental interest which allegedly justifies official intrusion upon the constitutionally protected interests of the private citizen,” for there is “no ready test for determining reasonableness other than by balancing the need to search [or seize] against the invasion which the search [or seizure] entails.” Camara v. Municipal Court, 387 U. S. 523, 534-535, 536-537 (1967). And in justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.18 The scheme of the Fourth Amendment becomes meaningful only when it is assured that at some point the conduct of those charged with enforcing the laws can be subjected to the more detached, neutral scrutiny of a judge who must evaluate the reasonableness of a particular search or seizure in light of the particular circumstances.19 And in making that assessment it is imperative that the facts be judged against an objective standard: would the facts *22available to the officer at the moment of the seizure or the search “warrant a man of reasonable caution in the belief” that the action taken was appropriate? Cf. Carroll v. United States, 267 U. S. 132 (1925); Beck v. Ohio, 379 U. S. 89, 96-97 (1964).20 Anything less would invite intrusions upon constitutionally guaranteed rights based on nothing more substantia] than inarticulate hunches, a result this Court has. consistently refused to sanction. See, e. g., Beck v. Ohio, supra; Rios v. United States, 364 U. S. 253 (1960); Henry v. United States, 361 U. S. 98 (1959). And simple “'good faith on the part of the arresting officer is not enough.’ ... If subjective good faith alone were the test, the protections of the Fourth Amendment would evaporate, and the people would be 'secure in their persons, houses, papers, and effects,’ only in the discretion of the police.” Beck v. Ohio, supra, at 97.

Applying these principles to this case, we consider first the nature and extent of the governmental interests involved. One general interest is of course that of effective crime prevention and detection; it is this interest which underlies the recognition that a police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest. It was this legitimate investigative function Officer McFadden was discharging when he decided to approach petitioner and his companions. He had observed Terry, Chilton, and Katz go through a series of acts, each of them perhaps innocent in itself, but which taken together warranted further investigation. There is nothing unusual in two men standing together on a street corner, perhaps waiting for someone. Nor is there anything suspicious about people *23in such circumstances strolling up and down the street, singly or in pairs. Store windows, moreover, are made to be looked in. But the story is quite different where, as here, two men hover about a street corner for an extended period of time, at the end of which it becomes apparent that they are not waiting for anyone or anything ; where these men pace alternately along an identical route, pausing to stare in the same store window roughly 24 times; where each completion of this route is followed immediately by a conference between the two men on the corner; where they are joined in one of these conferences by a third man who leaves swiftly; and where the two men finally follow the third and rejoin him a couple of blocks away. It would have been poor police work indeed for an officer of 30 years’ experience in the detection of thievery from stores in this same neighborhood to have failed to investigate this behavior further.

The crux of this case, however, is not the propriety of Officer McFadden’s taking steps to investigate petitioner’s suspicious behavior, but rather, whether there was justification for McFadden’s invasion of Terry’s personal security by searching him for weapons in the course of that investigation. We are now concerned with more than the governmental interest in investigating crime; in addition, there is the more immediate interest of the police officer in taking steps to assure himself that the person with whom he is dealing is not armed with a weapon that could unexpectedly and fatally be used against him. Certainly it would be unreasonable to require that police officers take unnecessary risks in the performance of their duties. American criminals have a long tradition of armed violence, and every year in this country many law enforcement officers are killed in the line of duty, and thousands more are wounded. *24Virtually all of these deaths and a substantial portion of the injuries are inflicted with guns and knives.21

In view of these facts, we cannot blind ourselves to the need for law enforcement officers to protect themselves and other prospective victims of violence in situations where they may lack probable cause for an arrest. When an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is armed and presently dangerous to the officer or to others, it would appear to be clearly unreasonable to deny the officer the power to take necessary measures to determine whether the person is in fact carrying a weapon and to neutralize the threat of physical harm.

We must still consider, however, the nature and quality of the intrusion on individual rights which must be accepted if police officers are to be conceded the right to search for weapons in situations where probable cause to arrest for crime is lacking. Even a limited search of the outer clothing for weapons constitutes a severe, *25though brief, intrusion upon cherished personal security, and it must surely be an annoying, frightening, and perhaps humiliating experience. Petitioner contends that such an intrusion is permissible only incident to a lawful arrest, either for a crime involving the possession of weapons or for a crime the commission of which led the officer to investigate in the first place. However, this argument must be closely examined.

Petitioner does not argue that a police officer should refrain from making any investigation of suspicious circumstances until such time as he has probable cause to make an arrest; nor does he deny that police officers in properly discharging their investigative function may find themselves confronting persons who might well be armed and dangerous. Moreover, he does not say that an officer is always unjustified in searching a suspect to discover weapons. Rather, he says it is unreasonable for the policeman to take that step until such time as the situation evolves to a point where there is probable cause to make an arrest. When that point has been reached, petitioner would concede the officer’s right to conduct a search of the suspect for weapons, fruits or instrumentalities of the crime, or “mere” evidence, incident to the arrest.

There are two weaknesses in this line of reasoning, however. First, it fails to take account of traditional limitations upon the scope of searches, and thus recognizes no distinction in purpose, character, and extent between a search incident to an arrest and a limited search for weapons. The former, although justified in part by the acknowledged necessity to protect the arresting officer from assault with a concealed weapon, Preston v. United States, 376 U. S. 364, 367 (1964), is also justified on other grounds, ibid., and can therefore involve a relatively extensive exploration of the person. A search for weapons in the absence of probable cause to *26arrest, however, must, like any other search, be strictly circumscribed by the exigencies which justify its initiation. Warden v. Hayden, 387 U. S. 294, 310 (1967) (Mr. Justice Fortas, concurring). Thus it must be limited to that which is necessary for the discovery of weapons which might be used to harm the officer or others nearby, and may realistically be characterized as something less than a “full” search, even though it remains a serious intrusion.

A second, and related, objection to petitioner’s argument is that it assumes that the law of arrest has already worked out the balance between the particular interests involved here — the neutralization of danger to the policeman in the investigative circumstance and the sanctity of the individual. But this is not so. An arrest is a wholly different kind of intrusion upon individual freedom from a limited search for weapons, and the interests each is designed to serve are likewise quite different. An arrest is the initial stage of a criminal prosecution. It is intended to vindicate society’s interest in having its laws obeyed, and it is inevitably accompanied by future interference with the individual’s freedom of movement, whether or not trial or conviction ultimately follows.22 The protective search for weapons, on the other hand, constitutes a brief, though far from inconsiderable, intrusion upon the sanctity of the person. It does not follow that because an officer may lawfully arrest a person only when he is apprised of facts sufficient to warrant a belief that the person has committed or is committing a crime, the officer is equally unjustified, absent that kind of evidence, in making any intrusions short of an arrest. Moreover, a perfectly reasonable apprehension of danger may arise long before the officer is possessed of adequate information to justify taking a person into custody for *27the purpose of prosecuting him for a crime. Petitioner’s reliance on cases which have worked out standards of reasonableness with regard to “seizures” constituting arrests and searches incident thereto is thus misplaced. It assumes that the interests sought to be vindicated and the invasions of personal security may be equated in the two cases, and thereby ignores a vital aspect of the analysis of the reasonableness of particular types of conduct under the Fourth Amendment. See Camara v. Municipal Court, supra.

Our evaluation of the proper balance that has to be struck in this type of case leads us to conclude that there must be a narrowly drawn authority to permit a reasonable search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger. Cf. Beck v. Ohio, 379 U. S. 89, 91 (1964); Brinegar v. United States, 338 U. S. 160, 174-176 (1949); Stacey v. Emery, 97 U. S. 642, 645 (1878).23 And in determining whether the officer acted reasonably in such circumstances, due weight must be given, not to his inchoate and unparticularized suspicion or “hunch,” but to the specific reasonable inferences which he is entitled to draw from the facts in light of his experience. Cf. Brinegar v. United States supra.

IY.

We must now examine the conduct of Officer McFadden in this case to determine whether his search and seizure of petitioner were reasonable, both at their in*28ception and as conducted. He had observed Terry, together with Chilton and another man, acting in a manner he took to be preface to a “stick-up.” We think on the facts and circumstances Officer McFadden detailed before the trial judge a reasonably prudent man would have been warranted in believing petitioner was armed and thus presented a threat to the officer’s safety while he was investigating his suspicious behavior. The actions of Terry and Chilton were consistent with McFadden’s hypothesis that these men were contemplating a daylight robbery — which, it is reasonable to assume, would be likely to involve the use of weapons — and nothing in their conduct from the time he first noticed them until the time he confronted them and identified himself as a police officer gave him sufficient reason to negate that hypothesis. Although the trio had departed the original scene, there was nothing to indicate abandonment of an intent to commit a robbery at some point. Thus, when Officer McFadden approached the three men gathered before the display window at Zucker’s store he had observed enough to make it quite reasonable to fear that they were armed; and nothing in their response to his hailing them, identifying himself as a police officer, and asking their names served to dispel that reasonable belief. We cannot say his decision at that point to seize Terry and pat his clothing for weapons was the product of a volatile or inventive imagination, or was undertaken simply as an act of harassment; the record evidences the tempered act of a policeman who in the course of an investigation had to make a quick decision as to how to protect himself and others from possible danger, and took limited steps to do so.

The manner in which the seizure and search were conducted is, of course, as vital a part of the inquiry as whether they were warranted at all. The Fourth Amendment proceeds as much by limitations upon the *29scope of governmental action as by imposing preconditions upon its initiation. Compare Katz v. United States, 389 U. S. 347, 354-356 (1967). The entire deterrent purpose of the rule excluding evidence seized in violation of the Fourth Amendment rests on the assumption that “limitations upon the fruit to be gathered tend to limit the quest itself.” United States v. Poller, 43 F. 2d 911, 914 (C. A. 2d Cir. 1930); see, e. g., Linkletter v. Walker, 381 U. S. 618, 629-635 (1965); Mapp v. Ohio, 367 U. S. 643 (1961); Elkins v. United States, 364 U. S. 206, 216-221 (1960). Thus, evidence may not be introduced if it was discovered by means of a seizure and search which were not reasonably related in scope to the justification for their initiation. Warden v. Hayden, 387 U. S. 294, 310 (1967) (Mr. Justice Fortas, concurring).

We need not develop at length in this case, however, the limitations which the Fourth Amendment places upon a protective seizure and search for weapons. These limitations will have to be developed in the concrete factual circumstances of individual cases. See Sibron v. New York, post, p. 40, decided today. Suffice it to note that such a search, unlike a search without a warrant incident to a lawful arrest, is not justified by any need to prevent the disappearance or destruction of evidence of crime. See Preston v. United States, 376 U. S. 364, 367 (1964). The sole justification of the search in the present situation is the protection of the police officer and others nearby, and it must therefore be confined in scope to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer.

The scope of the search in this case presents no serious problem in light of these standards. Officer McFadden patted down the outer clothing of petitioner and his two companions. He did not place his hands in their pockets or under the outer surface of their garments until he had *30felt weapons, and then he merely reached for and removed the guns. He never did invade Katz’ person beyond the outer surfaces of his clothes, since he discovered nothing in his pat-down which might have been a weapon. Officer McFadden confined his search strictly to what was minimally necessary to learn whether the men were armed and to disarm them once he discovered the weapons. He did not conduct a general exploratory search for whatever evidence of criminal activity he might find.

V.

We conclude that the revolver seized from Terry was properly admitted in evidence against him. At the time he seized petitioner and searched him for weapons, Officer McFadden had reasonable grounds to believe that petitioner was armed and dangerous, and it was necessary for the protection of himself and others to take swift measures to discover the true facts and neutralize the threat of harm if it materialized. The policeman carefully restricted his search to what was appropriate to the discovery of the particular items which he sought. Each case of this sort will, of course, have to be decided on its own facts. We merely hold today that where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others’ safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him. *31Such a search is a reasonable search under the Fourth Amendment, and any weapons seized may properly be introduced in evidence against the person from whom they were taken. Affirmed.

Mr. Justice Black concurs in the judgment and the opinion except where the opinion quotes from and relies upon this Court’s opinion in Katz v. United States and the concurring opinion in Warden v. Hayden.

Mr. Justice Harlan,

concurring.

While I unreservedly agree with the Court’s ultimate holding in this case, I am constrained to fill in a few gaps, as I see them, in its opinion. I do this because what is said by this Court today will serve as initial guidelines for law enforcement authorities and courts throughout the land as this important new field of law develops.

A police officer’s right to make an on-the-street “stop” and an accompanying “frisk” for weapons is of course bounded by the protections afforded by the Fourth and Fourteenth Amendments. The Court holds, and I agree, that while the right does not depend upon possession by the officer of a valid warrant, nor upon the existence of probable cause, such activities must be reasonable under the circumstances as the officer credibly relates them in court. Since the question in this and most cases is whether evidence produced by a frisk is admissible, the problem is to determine what makes a frisk reasonable.

If the State of Ohio were to provide that police officers could, on articulable suspicion less than probable cause, forcibly frisk and disarm persons thought to be carrying concealed weapons, I would have little doubt that action taken pursuant to such authority could be constitutionally reasonable. Concealed weapons create an im*32mediate and severe danger to the public, and though that danger might not warrant routine general weapons checks, it could well warrant action on less than a “probability.” I mention this line of analysis because I think it vital to point out that it cannot be applied in this case. On the record before us Ohio has not clothed its policemen with routine authority to frisk and disarm on suspicion; in the absence of state authority, policemen have no more right to “pat down” the outer clothing of passers-by, or of persons to whom they address casual questions, than does any other citizen. Consequently, the Ohio courts did not rest the constitutionality of this frisk upon any general authority in Officer McFadden to take reasonable steps to protect the citizenry, including himself, from dangerous weapons.

The state courts held, instead, that when an officer is lawfully confronting a possibly hostile person in the line of duty he has a right, springing only from the necessity of the situation and not from any broader right to disarm, to frisk for his own protection. This holding, with which I agree and with which I think the Court agrees, offers the only satisfactory basis I can think of for affirming this conviction. The holding has, however, two logical corollaries that I do not think the Court has fully expressed.

In the first place, if the frisk is justified in order to protect the officer during an encounter with a citizen, the officer must first have constitutional grounds to insist on an encounter, to make a forcible stop. Any person, including a policeman, is at liberty to avoid a person he considers dangerous. If and when a policeman has a right instead to disarm such a person for his own protection, he must first have a right not to avoid him but to be in his presence. That right must be more than the liberty (again, possessed by every citizen) to address questions to other persons, for ordinarily the person *33addressed has an equal right to ignore his interrogator and walk away; he certainly need not submit to a frisk for the questioner’s protection. I would make it perfectly clear that the right to frisk in this case depends upon the reasonableness of a forcible stop to investigate a suspected crime.

Where such a stop is reasonable, however, the right to frisk must be immediate and automatic if the reason for the stop is, as here, an articulable suspicion of a crime of violence. Just as a full search incident to a lawful arrest requires no additional justification, a limited frisk incident to a lawful stop must often be rapid and routine. There is no reason why an officer, rightfully but forcibly confronting a person suspected of a serious crime, should have to ask one question and take the risk that the answer might be a bullet.

The facts of this case are illustrative of a proper stop and an incident frisk. Officer McFadden had no probable cause to arrest Terry for anything, but he had observed circumstances that would reasonably lead an experienced, prudent policeman to suspect that Terry was about to engage in burglary or robbery. His justifiable suspicion afforded a proper constitutional basis for accosting Terry, restraining his liberty of movement briefly, and addressing questions to him, and Officer McFadden did so. When he did, he had no reason whatever to suppose that Terry might be armed, apart from the fact that he suspected him of planning a violent crime. McFadden asked Terry his name, to which Terry “mumbled something.” Whereupon McFadden, without asking Terry to speak louder and without giving him any chance to explain his presence or his actions, forcibly frisked him.

I would affirm this conviction for what I believe to be the same reasons the Court relies on. I would, however, make explicit what I think is implicit in affirmance on *34the present facts. Officer McFadden’s right to interrupt Terry’s freedom of movement and invade his privacy arose only because circumstances warranted forcing an encounter with Terry in an effort to prevent or investigate a crime. Once that forced encounter was justified, however, the officer's right to take suitable measures for his own safety followed automatically.

Upon the foregoing premises, I join the opinion of the Court.

Mr. Justice White,

concurring.

I join the opinion of the Court, reserving judgment, however, on some of the Court’s general remarks about the scope and purpose of the exclusionary rule which the Court has fashioned in the process of enforcing the Fourth Amendment.

Also, although the Court puts the matter aside in the context of this case, I think an additional word is in order concerning the matter of interrogation during an investigative stop. There is nothing in the Constitution which prevents a policeman from addressing questions to anyone on the streets. Absent special circumstances, the person approached may not be detained or frisked but may refuse to cooperate and go on his way. However, given the proper circumstances, such as those in this case, it seems to me the person may be briefly detained against his will while pertinent questions are directed to him. Of course, the person stopped is not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest, although it may alert the officer to the need for continued observation. In my view, it is temporary detention, warranted by the circumstances, which chiefly justifies the protective frisk for weapons. Perhaps the frisk itself, where proper, will have beneficial results whether questions are asked or not. If weapons are found, an arrest will fol*35low. If none are found, the frisk may nevertheless serve preventive ends because of its unmistakable message that suspicion has been aroused. But if the investigative stop is sustainable at all, constitutional rights are not necessarily violated if pertinent questions are asked and the person is restrained briefly in the process.

Mr. Justice Douglas-,

dissenting.

I agree that petitioner was “seized” within the meaning of the Fourth Amendment. I also agree that frisking petitioner and his companions for guns was a “search.” But it is a mystery how that “search” and that “seizure” can be constitutional by Fourth Amendment standards, unless there was “probable cause” 1 to believe that (1) a crime had been committed or (2) a crime was in the process of being committed or (3) a crime was about to be committed.

The opinion of the Court disclaims the existence of “probable cause.” If loitering were in issue and that *36was the offense charged, there would be “probable cause” shown. But the crime here is carrying concealed weapons; 2 and there is no basis for concluding that the officer had “probable cause” for believing that that crime was being committed. Had a warrant been sought, a magistrate would, therefore, have been unauthorized to issue one, for he can act only if there is a showing of “probable cause.” We hold today that the police have greater authority to make a “seizure” and conduct a “search” than a judge has to authorize such action. We have said precisely the opposite over and over again.3

*37In other words, police officers up to today have been permitted to effect arrests or searches without warrants only when the facts within their personal knowledge would satisfy the constitutional standard of probable cause. At the time of their “seizure” without a warrant they must possess facts concerning the person arrested that would have satisfied a magistrate that “probable cause” was indeed present. The term “probable cause” rings a bell of certainty that is not sounded by phrases such as “reasonable suspicion.” Moreover, the meaning of “probable cause” is deeply imbedded in our constitutional history. As we stated in Henry v. United States, 361 U. S. 98, 100-102:

“The requirement of probable cause has roots that are deep in our history. The general warrant, in which the name of the person to be arrested was left blank, and the writs of assistance, against which James Otis inveighed, both perpetuated the oppressive practice of allowing the police to arrest and search on suspicion. Police control took the place of judicial control, since no showing of 'probable cause’ before a magistrate was required.
“That philosophy [rebelling against these practices] later was reflected in the Fourth Amendment. And as the early American decisions both before and immediately after its adoption show, common rumor or report, suspicion, or even ‘strong reason to suspect’ was not adequate to support a warrant *38for arrest. And that principle has survived to this day. . . .
“. . . It is important, we think, that this requirement [of probable cause] be strictly enforced, for the standard set by the Constitution protects both the officer and the citizen. If the officer acts with probable cause, he is protected even though it turns out that the citizen is innocent. . . . And while a search without a warrant is, within limits, permissible if incident to a lawful arrest, if an arrest without a warrant is to support an incidental search, it must be made with probable cause. . . . This immunity of officers cannot fairly be enlarged without jeopardizing the privacy or security of the citizen.”

The infringement on personal liberty of any “seizure” of a person can only be “reasonable” under the Fourth Amendment if we require the police to possess “probable cause” before they seize him. Only that line draws a meaningful distinction between an officer’s mere inkling and the presence of facts within the officer’s personal knowledge which would convince a reasonable man that the person seized has committed, is committing, or is about to commit a particular crime. “In dealing with probable cause, ... as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” Brinegar v. United States, 338 U. S. 160, 175.

To give the police greater power than a magistrate is to take a long step down the totalitarian path. Perhaps such a step is desirable to cope with modern forms of lawlessness. But if it is taken, it should be the deliberate choice of the people through a constitutional amendment. *39Until the Fourth Amendment, which is closely allied with the Fifth,4 is rewritten, the person and the effects of the individual are beyond the reach of all government agencies until there are reasonable grounds to believe (probable cause) that a criminal venture has been launched or is about to be launched.

There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today.

Yet if the individual is no longer to be sovereign, if the police can pick him up whenever they do not like the cut of his jib, if they can “seize” and “search” him in their discretion, we enter a new regime. The decision to enter it should be made only after a full debate by the people of this country.

5.3 Illinois v. Wardlow 5.3 Illinois v. Wardlow

ILLINOIS v. WARDLOW

No. 98-1036.

Argued November 2, 1999

Decided January 12, 2000

*120Rehnquist, C. J., delivered the opinion of the Court, in which O’Con-nor, ScALtA, Kennedy, and Thomas, JJ., joined. Stevens, J., filed an opinion concurring in part and dissenting in part, in which Soxjter, Ginsburg, and Breyer, JJ., joined, post, p. 126.

Richard A. Devine argued the cause for petitioner. With him on the briefs were James E. Ryan, Attorney General of Illinois, Joel D. Bertocchi, Solicitor General, Renee G. Goldfarb, Theodore Fotios Burtzos, and Veronica Ximena Calderon.

Malcolm L. Stewart argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Deborah Watson.

James B. Koch argued the cause for respondent. With him on the brief were Lynn N. Weisberg and Thomas G. Gardiner *

*121CHIEF Justice Rehnquist

delivered the opinion of the Court.

Respondent Wardlow fled upon seeing police officers patrolling an area known for heavy narcotics trafficking. Two of the officers caught up with him, stopped him, and conducted a protective patdown search for weapons. Discovering a .38-caliber handgun, the officers arrested Wardlow. We hold that the officers’ stop did not violate the Fourth Amendment to the United States Constitution.

On September 9, 1995, Officers Nolan and Harvey were working as uniformed officers in the special operations section of the Chicago Police Department. The officers were driving the last car of a four-car caravan converging on an area known for heavy narcotics trafficking in order to investigate drug transactions. The officers were traveling together because they expected to find a crowd of people in the area, including lookouts and customers.

As the caravan passed 4035 West Van Burén, Officer Nolan observed respondent Wardlow standing next to the building *122holding an opaque bag. Respondent looked in the direction of the officers and fled. Nolan and Harvey turned their ear southbound, watched him as he ran through the gangway and an alley, and eventually cornered him on the street. Nolan then exited his ear and stopped respondent. He immediately conducted a protective patdown search for weapons because in his experience it was common for there to be weapons in the near vicinity of narcotics transactions. During the frisk, Officer Nolan squeezed the bag respondent was carrying and felt a heavy, hard object similar to the shape of a gun. The officer then opened the bag and discovered a .38-caliber handgun with five live rounds of ammunition. The officers arrested Wardlow.

The Illinois trial court denied respondent’s motion to suppress, finding the gun was recovered during a lawful stop and frisk. App. 14. Following a stipulated bench trial, Wardlow was convicted of unlawful use of a weapon by a felon. The Illinois Appellate Court reversed Wardlow’s conviction, concluding that the gun should have been suppressed because Officer Nolan did not have reasonable suspicion sufficient to justify an investigative stop pursuant to Terry v. Ohio, 392 U. S. 1 (1968). 287 Ill. App. 3d 367, 678 N. E. 2d 65 (1997).

The Illinois Supreme Court agreed. 183 Ill. 2d 306, 701 N. E. 2d 484 (1998). While rejecting the Appellate Court’s conclusion that Wardlow was not in a high crime area, the Illinois Supreme Court determined that sudden flight in such an area does not create a reasonable suspicion justifying a Terry stop. 183 Ill. 2d, at 310, 701 N. E. 2d, at 486. Relying on Florida v. Royer, 460 U. S. 491 (1983), the court explained that although police have the right to approach individuals and ask questions, the individual has no obligation to respond. The person may decline to answer and simply go on his or her way, and the refusal to respond, alone, does not provide a legitimate basis for an investigative stop. 183 Ill. *1232d, at 311-312, 701 N. E. 2d, at 486-487. The court then determined that flight may simply be an exercise of this right to “go on one’s way,” and, thus, could not constitute reasonable suspicion justifying a Terry stop. 183 Ill. 2d, at 312, 701 N. E. 2d, at 487.

The Illinois Supreme Court also rejected the argument that flight combined with the fact that it occurred in a high crime area supported a finding of reasonable suspicion because the “high crime area” factor was not sufficient standing alone to justify a Terry stop. Finding no independently suspicious circumstances to support an investigatory detention, the court held that the stop and subsequent arrest violated the Fourth Amendment. We granted certiorari, 526 U. S. 1097 (1999), and now reverse.1

This case, involving a brief encounter between a citizen and a police officer on a public street, is governed by the analysis we first applied in Terry. In Terry, we held that an officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has a reasonable, articulable suspicion that criminal activity is afoot. 392 U. S., at 30. While “reasonable suspicion” is a less demanding standard than probable cause and requires a showing considerably less than preponderance of the evidence, the Fourth Amendment requires at least a minimal level of objective justification for making the stop. United States v. Sokolow, 490 U. S. 1, 7 (1989). The officer must be able *124to articulate more than an “inchoate and unparticularized suspicion or ‘hunch’” of criminal activity. Terry, supra, at 27.2

Nolan and Harvey were among eight officers in a four-car caravan that was converging on an area known for heavy narcotics trafficking, and the officers anticipated encountering a large number of people in the area, including drug customers and individuals serving as lookouts. App. 8. It was in this context that Officer Nolan decided to investigate Wardlow after observing him flee. An individual’s presence in an area of expected criminal activity, standing alone, is not enough to support a reasonable, particularized suspicion that the person is committing a crime. Brown v. Texas, 443 U. S. 47 (1979). But officers are not required to ignore the relevant characteristics of a location in determining whether the circumstances are sufficiently suspicious to warrant further investigation. Accordingly, we have previously noted the fact that the stop occurred in a “high crime area” among the relevant contextual considerations in a Terry analysis. Adams v. Williams, 407 U. S. 143, 144, 147-148 (1972).

In this case, moreover, it was not merely respondent’s presence in an area of heavy narcotics trafficking that aroused the officers’ suspicion, but his unprovoked flight upon noticing the police. Our cases have also recognized that nervous, evasive behavior is a pertinent factor in determining reasonable suspicion. United States v. Brignoni-Ponce, 422 U. S. 873, 885 (1975); Florida v. Rodriguez, 469 U. S. 1, 6 (1984) (per curiam); United States v. Sokolow, supra, at 8-9. Headlong flight—wherever it occurs—is the consummate act of evasion: It is not necessarily indicative of wrongdoing, but it is certainly suggestive of such. In reviewing the propriety of an officer’s conduct, courts do not have available empirical studies dealing with inferences drawn from suspicious *125behavior, and we cannot reasonably demand scientific certainty from judges or law enforcement officers where none exists. Thus, the determination of reasonable suspicion must be based on eommonsense judgments and inferences about human behavior. See United States v. Cortez, 449 U. S. 411, 418 (1981). We conclude Officer Nolan was justified in suspecting that Wardlow was involved in criminal activity, and, therefore, in investigating further.

Such a holding is entirely consistent with our decision in Florida v. Royer, 460 U. S. 491 (1983), where we held that when an officer, without reasonable suspicion or probable cause, approaches an individual, the individual has a right to ignore the police and go about his business. Id., at 498. And any “refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure.” Florida v. Bostick, 501 U. S. 429, 437 (1991). But unprovoked flight is simply not a mere refusal to cooperate. Flight, by its very nature, is not “going about one’s business”; in fact, it is just the opposite. Allowing officers confronted with such flight to stop the fugitive and investigate further is quite consistent with the individual’s right to go about his business or to stay put and remain silent in the face of police questioning.

Respondent and amici also argue that there are innocent reasons for flight from police and that, therefore, flight is not necessarily indicative of ongoing criminal activity. This fact is undoubtedly true, but does not establish a violation of the Fourth Amendment. Even in Terry, the conduct justifying the stop was ambiguous and susceptible of an innocent explanation. The officer observed two individuals pacing back and forth in front of a store, peering into the window and periodically conferring. 392 U. S., at 5-6. All of this conduct was by itself lawful, but it also suggested that the individuals were casing the store for a planned robbery. Terry recognized that the officers could detain the individuals to resolve the ambiguity. Id., at 30.

*126In allowing such detentions, Terry accepts the risk that officers may stop innocent people. Indeed, the Fourth Amendment accepts that risk in connection with more drastic police action; persons arrested and detained on probable cause to believe they have committed a crime may turn out to be innocent. The Terry stop is a far more minimal intrusion, simply allowing the officer to briefly investigate further. If the officer does not learn facts rising to the level of probable cause, the individual must be allowed to go on his way. But in this case the officers found respondent in possession of a handgun, and arrested him for violation of an Illinois firearms statute. No question of the propriety of the arrest itself is before us.

The judgment of the Supreme Court of Illinois is reversed, and the cause is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

Justice Stevens,

with whom Justice Souter, Justice Ginsburg, and Justice Breyer join, concurring in part and dissenting in part.

The State of Illinois asks this Court to announce a “bright-line rule" authorizing the temporary detention of anyone who flees at the mere sight of a police officer. Brief for Petitioner 7-36. Respondent counters by asking us to adopt the opposite 'per se rule — that the fact that a person flees upon seeing the police can never, by itself, be sufficient to justify a temporary investigative stop of the kind authorized by Terry v. Ohio, 392 U. S. 1 (1968). Brief for Respondent 6-31.

The Court today wisely endorses neither per se rule. Instead, it rejects the proposition that “flight is ... necessarily indicative of ongoing criminal activity,” ante, at 125, adhering to the view that “[t]he concept of reasonable suspicion . . . is not readily, or even usefully, reduced to a neat set of legal rules,” but must be determined by looking to “the *127totality of the circumstances — the whole picture,” United States v. Sokolow, 490 U. S. 1, 7-8 (1989) (internal quotation marks and citation omitted). Abiding by this framework, the Court concludes that “Officer Nolan was justified in suspecting that Wardlow was involved in criminal activity.” Ante, at 125.

Although I agree with the Court’s rejection of the per se rules proffered by the parties, unlike the Court, I am persuaded that in this case the brief testimony of the officer who seized respondent does not justify the conclusion that he had reasonable suspicion to make the stop. Before discussing the specific facts of this case, I shall comment on the parties’ requests for a per se rule.

I

In Terry v. Ohio, we first recognized “that a police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest,” 392 U. S., at 22, an authority permitting the officer to “stop and briefly detain a person for investigative purposes,” Sokolow, 490 U. S., at 7. We approved as well “a reasonable search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime.” Terry, 392 U. S., at 27. Cognizant that such police intrusion had never before received constitutional imprimatur on less than probable cause, id., at 11-12, 20, we reflected upon the magnitude of the departure we were endorsing. “Even a limited search,” we said, “constitutes a severe, though brief, intrusion upon cherished personal security, and it must be an annoying, frightening, and perhaps humiliating experience.” Id., at 24-25.1

*128Accordingly, we recognized only a “narrowly drawn authority” that is “limited to that which is necessary for the discovery of weapons.” Id., at 27, 26. An officer conducting an investigatory stop, we farther explained, must articulate “a particularized and objective basis for suspecting the particular person stopped of criminal activity.” United States v. Cortez, 449 U. S. 411, 417-418 (1981). That determination, we admonished, “becomes meaningful only when it is assured that at some point the conduct of those charged with enforcing the laws can be subjected to the more detached, neutral scrutiny of a judge who must evaluate the reasonableness of a particular search or seizure in light of the particular circumstances.” Terry, 392 U. S., at 21. In undertaking that neutral scrutiny “based on all of the circumstances,” a court relies on “certain commonsense conclusions about human behavior.” Cortez, 449 U. S., at 418; see also ante, at 125. “[T]he relevant inquiry” concerning the inferences and conclusions a court draws “is not whether particular conduct is ‘innocent’ or ‘guilty,’ but the degree of suspicion that attaches to particular types of noncriminal acts.” Sokolow, 490 U. S., at 10.

The question in this ease concerns “the degree of suspicion that attaches to” a person’s flight — or, more precisely, what “commonsense conclusions” can be drawn respecting the motives behind that flight. A pedestrian may break into a run for a variety of reasons — to catch up with a Mend a block or two away, to seek shelter from an impending storm, to arrive at a bus stop before the bus leaves, to get home in time for *129dinner, to resume jogging after a pause for rest, to avoid contact with a bore or a bully, or simply to answer the call of nature — any of which might coincide with the arrival of an officer in the vicinity. A pedestrian might also run because he or she has just sighted one or more police officers. In the latter instance, the State properly points out “that the fleeing person may be, inter alia, (1) an escapee from jail; (2) wanted on a warrant; (3) in possession of contraband, (i. e. drugs, weapons, stolen goods, etc.); or (4) someone who has just committed another type of crime.” Brief for Petitioner 9, n. 4.2 In short, there are unquestionably circumstances in which a person’s flight is suspicious, and undeniably instances in which a person runs for entirely innocent reasons.3

Given the diversity and frequency of possible motivations for flight, it would be profoundly unwise to endorse either per se rule. The inference we can reasonably draw about the motivation for a person’s flight, rather, will depend on a number of different circumstances. Factors such as the time of day, the number of people in the area, the character of the neighborhood, whether the officer was in uniform, the way the runner was dressed, the direction and speed of the *130flight, and whether the person’s behavior was otherwise unusual might be relevant in specific eases. This number of variables is surely sufficient to preclude either a bright-line rule that always justifies, or that never justifies, an investigative stop based on the sole fact that flight began after a police officer appeared nearby.4

Still, Illinois presses for a per se rule regarding “unprovoked flight upon seeing a clearly identifiable police officer.” Id., at 7. The phrase “upon seeing,” as used by Illinois, apparently assumes that the flight is motivated by the presence of the police officer.5 Illinois contends that unprovoked flight is “an extreme reaction,” id., at 8, because innocent people simply do not “flee at the mere sight of the police,” id., at 24. To be sure, Illinois concedes, an innocent person — even one distrustful of the police — might “avoid eye contact or even sneer at the sight of an officer,” and that *131would not justify a Terry stop or any sort of 'per se inference. Id., at 8-9. But, Illinois insists, unprovoked flight is altogether different. Such behavior is so “aberrant” and “abnormal” that a per se inference is justified. Id., at 8-9, and n. 4.

Even assuming we know that a person runs because he sees the police, the inference to be drawn may still vary from case to ease. Flight to escape police detection, we have said, may have an entirely innocent motivation:

“[I]t is a matter of common knowledge that men who are entirely innocent do sometimes fly from the scene of a crime through fear of being apprehended as the guilty parties, or from an unwillingness to appear as witnesses. Nor is it true as an accepted axiom of criminal law that ‘the wicked flee when no man pursueth, but the righteous are as bold as a lion.’ Innocent men sometimes hesitate to confront a jury — not necessarily because they fear that the jury will not protect them, but because they do not wish their names to appear in connection with criminal acts, are humiliated at being obliged to incur the popular odium of an arrest and trial, or because they do not wish to be put to the annoyance or expense of defending themselves.” Alberty v. United States, 162 U. S. 499, 511 (1896).

In addition to these concerns, a reasonable person may conclude that an officer’s sudden appearance indicates nearby criminal activity. And where there is criminal activity there is also a substantial element of danger — either from the criminal or from a confrontation between the criminal and the police. These considerations can lead to an innocent and understandable desire to quit the vicinity with all speed.6

*132Among some citizens, particularly minorities and those residing in high crime areas, there is also the possibility that the fleeing person is entirely innocent, but, with or without justification, believes that contact with the police can itself be dangerous, apart from any criminal activity associated with the officer’s sudden presence.7 For such a person, *133unprovoked flight is neither “aberrant” nor “abnormal.”8 Moreover, these concerns and fears are known to the police officers themselves,9 and are validated by law enforcement investigations into their own practices.10 Accordingly, the *134evidence supporting the reasonableness of these beliefs is too pervasive to be dismissed as random or rare, and too persuasive to be disparaged as inconclusive or insufficient.11 In *135any event, just as we do not require “scientific certainty” for our commonsense conclusion that unprovoked flight can sometimes indicate suspicious motives, see ante, at 124-125, neither do we require scientific certainty to conclude that unprovoked flight can occur for other, innocent reasons.12

The probative force of the inferences to be drawn from flight is a function of the varied circumstances in which it occurs. Sometimes those inferences are entirely consistent with the presumption of innocence, sometimes they justify further investigation, and sometimes they justify an immediate stop and search for weapons. These considerations have led us to avoid categorical rules concerning a person’s flight and the presumptions to be drawn therefrom:

“Few things . . . distinguish an enlightened system of judicature from a rude and barbarous one more than the manner in which they deal with evidence. The former weighs testimony, whilst the latter, conscious perhaps of its inability to do so or careless of the consequences of error, at times rejects whole portions m masse, and at others converts pieces of evidence into rules of law by investing with conclusive effect some whose probative force has been found to be in general considerable. . .. Our ancestors, observing that guilty persons usually fled from justice, adopted the hasty conclusion that it was only the guilty who did so ... so that under the old law, a man who fled to avoid being tried for felony forfeited *136all his goods even though he were acquitted .... In modern times more correct views have prevailed, and the evasion of or flight from justice seems now nearly-reduced to its true place in the administration of the criminal law, namely, that of a circumstance — a fact which it is always of importance to take into consideration, and combined with others may afford strong evidence of guilt, but which, like any other piece of presumptive evidence, it is equally absurd and dangerous to invest with infallibility.” Hickory v. United States, 160 U. S. 408, 419-420 (1896) (internal quotation marks omitted).

“Unprovoked flight,” in short, describes a category of activity too broad and varied to permit a per se reasonable inference regarding the motivation for the activity. While the innocent explanations surely do not establish that the Fourth Amendment is always violated whenever someone is stopped solely on the basis of an unprovoked flight, neither do the suspicious motivations establish that the Fourth Amendment is never violated when a Terry stop is predicated on that fact alone. For these reasons, the Court is surely correct in refusing to embrace either per se rule advocated by the parties. The totality of the circumstances, as always, must dictate the result.13

*1371 — I i — I

Guided by that totahty-of-the-circumstances test, the Court concludes that Officer Nolan had reasonable suspicion to stop respondent. Ante, at 125. In this respect, my view differs from the Court’s. The entire justification for the stop is articulated in the brief testimony of Officer Nolan. Some facts are perfectly clear; others are not. This factual insufficiency leads me to conclude that the Court’s judgment is mistaken.

Respondent Wardlow was arrested a few minutes after noon on September 9, 1995. 183 Ill. 2d 306, 308, n. 1, 701 N. E. 2d 484, 485, n. 1 (1998).14 Nolan was part of an eight-officer, four-car caravan patrol team. The officers were headed for “one of the areas in the 11th District [of Chicago] that’s high [in] narcotics traffic.” App. 8.15 The reason why four cars were in the caravan was that “[n]ormally in these different areas there’s an enormous amount of people, sometimes lookouts, customers.” Ibid. Officer Nolan testified that he was in uniform on that day, but he did not recall whether he was driving a marked or an unmarked car. Id., at 4.

Officer Nolan and his partner were in the last of the four patrol cars that “were all earavaning eastbound down Van Burén.” Id., at 8. Nolan first observed respondent “in front of 4035 West Van Burén.” Id., at 7. Wardlow “looked in our direction and began fleeing.” Id., at 9. Nolan then “began driving southbound down the street observing [respondent] running through the gangway and the alley southbound,” and observed that Wardlow was carrying a white, *138opaque bag under his arm. Id., at 6, 9. After the car turned south and intercepted respondent as he “ran right towards us,” Officer Nolan stopped him and conducted a “protective search,” which revealed that the bag under respondent’s arm contained a loaded handgun. Id., at 9-11.

This terse testimony is most noticeable for what it fails to reveal. Though asked whether he was in a marked or unmarked car, Officer Nolan could not recall the answer. Id., at 4. He was not asked whether any of the other three ears in the caravan were marked, or whether any of the other seven officers were in uniform. Though he explained that the size of the caravan was because “[n]ormally in these different areas there’s an enormous amount of people, sometimes lookouts, customers,” Officer Nolan did not testify as to whether anyone besides Wardlow was nearby 4035 West Van Burén. Nor is it clear that that address was the intended destination of the caravan. As the Appellate Court of Illinois interpreted the record, “it appears that the officers were simply driving by, on their way to some unidentified location, when they noticed defendant standing at 4035 West Van Buren.” 287 Ill. App. 3d 367, 370-371, 678 N. E. 2d 65, 67 (1997).16 Officer Nolan’s testimony also does not reveal how fast the officers were driving. It does not indicate whether he saw respondent notice the other patrol cars. And it does not say whether the caravan, or any part of it, had already passed Wardlow by before he began to run.

Indeed, the Appellate Court thought the record was even “too vague to support the inference that . . . defendant’s flight was related to his expectation of police focus on him.” Id., at 371, 678 N. E. 2d, at 67. Presumably, respondent did not react to the first three cars, and we cannot even be sure that he recognized the occupants of the fourth as police officers. The adverse inference is based entirely on the officer’s *139statement: “He looked in our direction and began fleeing.” App. 9.17

No other factors sufficiently support a finding of reasonable suspicion. Though respondent was carrying a white, opaque bag under his arm, there is nothing at all suspicious about that. Certainly the time of day — shortly after noon— does not support Illinois’ argument. Nor were the officers “responding to any call or report of suspicious activity in the area.” 183 Ill. 2d, at 315, 701 N. E. 2d, at 488. Officer Nolan did testify that he expected to find “an enormous amount of people,” including drug customers or lookouts, App. 8, and the Court points out that “[i]t was in this context that Officer Nolan decided to investigate Wardlow after observing him flee,” ante, at 124. This observation, in my view, lends insufficient weight to the reasonable suspicion analysis; indeed, in light of the absence of testimony that anyone else was nearby when respondent began to run, this observation points in the opposite direction.

The State, along with the majority of the Court, relies as well on the assumption that this flight occurred in a high crime area. Even if that assumption is accurate, it is insufficient because even in a high crime neighborhood unprovoked flight does not invariably lead to reasonable suspicion. On the contrary, because many factors providing innocent motivations for unprovoked flight are concentrated in high crime areas, the character of the neighborhood arguably makes an inference of guilt less appropriate, rather than more so. Like unprovoked flight itself, presence in a high crime neighborhood is a fact too generic and susceptible to innocent explanation to satisfy the reasonable suspicion inquiry. See Brown v. Texas, 443 U. S. 47, 52 (1979); see also n. 15, supra.

*140It is the State’s burden to articulate facts sufficient to support reasonable suspicion. Brown v. Texas, 443 U. S., at 52; see also Florida v. Royer, 460 U. S. 491, 500 (1983) (plurality opinion). In my judgment, Illinois has failed to discharge that burden. I am not persuaded that the mere fact that someone standing on a sidewalk looked in the direction of a passing car before starting to run is sufficient to justify a forcible stop and frisk.

I therefore respectfully dissent from the Court’s judgment to reverse the court below.

5.4 Hiibel v. Sixth Judicial District Court, 542 U.S. 177 (2004) 5.4 Hiibel v. Sixth Judicial District Court, 542 U.S. 177 (2004)

STOP-AND-IDENTIFY

HIIBEL v. SIXTH JUDICIAL DISTRICT COURT OF NEVADA, HUMBOLDT COUNTY, et al.

No. 03-5554.

Argued Miarch 22, 2004 —

Decided June 21, 2004

*179 Robert E. Dolan argued the cause for petitioner. With him on the briefs were James R Logan, Jr., and Harriet E. Cummings.

Conrad Hafen, Senior Deputy Attorney General of Nevada, argued the cause for respondents. With him on the brief were Brian Sandoval, Attorney General, and David Allison.

Sri Srinivasan argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Assistant Attorney General *180 Wray, Deputy Solicitor General Dreeben, and Joel M. Gershowitz.*

Justice Kennedy

delivered the opinion of the Court.

The petitioner was arrested and convicted for refusing to identify himself during a stop allowed by Terry v. Ohio, 392 U. S. 1 (1968). He challenges his conviction under the Fourth and Fifth- Amendments to the United States Constitution, applicable to the States through the Fourteenth Amendment.

I

The sheriff’s department in Humboldt County, Nevada, received an afternoon telephone call reporting an assault. The caller reported seeing a man assault a woman in a red and silver GMC truck on Grass Valley Road. Deputy Sheriff Lee Dove was dispatched to investigate. When the officer arrived at the scene, he found the truck parked on the side of the road. A man was standing by the truck, and a young woman was sitting inside it. The officer observed skid marks in the gravel behind the vehicle, leading him to believe it had come to a sudden stop.

The officer approached the man and explained that he was investigating a report of a fight. The man appeared to be *181intoxicated. The officer asked him if he had “any identification on [him],” which we understand as a request to produce a driver’s license or some other form of written identification. The man refused and asked why the officer wanted to see identification. The officer responded that he was conducting an investigation and needed to see some identification. The unidentified man became agitated and insisted he had done nothing wrong. The officer explained that he wanted to find out who the man was and what he was doing there. After continued refusals to comply with the officer’s request for identification, the man began to taunt the officer by placing his hands behind his back and telling the officer to arrest him and take him to jail. This routine kept up for several minutes: The officer asked for identification 11 times and was refused each time. After warning the man that he would be arrested if he continued to refuse to comply, the officer placed him under arrest.

We now know that the. man arrested on Grass Valley Road is Larry Dudley Hiibel. Hiibel was charged with “willfully resisting], delaying] or obstructing] a public officer in discharging or attempting to discharge any legal duty of his office” in violation of Nev. Rev. Stat. (NRS) § 199.280 (2003). The government reasoned that Hiibel had obstructed the officer in carrying out his duties under § 171.123, a Nevada statute that defines the legal rights and duties of a police officer in the context of an investigative stop. Section 171.123 provides in relevant part:

“1. Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime.
“3. The officer may detain the person pursuant to this section only to ascertain his identity and the suspicious circumstances surrounding his presence abroad. Any person so detained shall identify himself, but may not *182be compelled to answer any other inquiry of any peace officer.”

Hiibel was tried in the Justice Court of Union Township. The court agreed that Hiibel’s refusal to identify himself as required by §171.123 “obstructed and delayed Dove as a public officer in attempting to discharge his duty” in violation of §199.280. App. 5. Hiibel was convicted and fined $250. The Sixth Judicial District Court affirmed, rejecting Hiibel’s argument that the application of § 171.123 to his case violated the Fourth and Fifth Amendments. On review the Supreme Court of Nevada rejected the Fourth Amendment challenge in a divided opinion. 118 Nev. 868, 59 P. 3d 1201 (2002). Hiibel petitioned for rehearing, seeking explicit resolution of his Fifth Amendment challenge. The petition was denied without opinion. We granted certiorari. 540 U. S. 965 (2003).

II

NRS § 171.123(3) is an enactment sometimes referred to as a “stop and identify” statute. See Ala. Code §15-5-30 (West 2003); Ark. Code Ann. § 5-71-213(a)(1) (2004); Colo. Rev. Stat. §16-3-103(1) (2003); Del. Code Ann., Tit. 11, §§ 1902(a), 1321(6) (2003); Fla. Stat. §856.021(2) (2003); Ga. Code Ann. §16-11-36(b) (2003); Ill. Comp. Stat., ch. 725, §5/107-14 (2004); Kan. Stat. Ann. §22-2402(1) (2003); La. Code Crim. Proc. Ann., Art. 215.1(A) (West 2004); Mo. Rev. Stat. §84.710(2) (2003); Mont. Code Ann. § 46-5-401(2)(a) (2003); Neb. Rev. Stat. § 29-829 (2003); N. H. Rev. Stat. Ann. §§ 594:2, 644:6 (Lexis 2003); N. M. Stat. Ann. §30-22-3 (2004); N. Y. Crim. Proc. Law §140.50(1) (West 2004); N. D. Cent. Code §29-29-21 (2003); R. I. Gen. Laws § 12-7-1 (2003); Utah Code Ann. §77-7-15 (2003); Vt. Stat. Ann., Tit. 24, §1983 (Supp. 2003); Wis. Stat. § 968.24 (2003). See also Note, Stop and Identify Statutes: A New Form of an Inadequate Solution to an Old Problem, 12 Rutgers L. J. 585 (1981); Note, Stop-and-Identify Statutes After Kolender v. Lawson: Ex*183ploring the Fourth and Fifth Amendment Issues, 69 Iowa L. Rev. 1057 (1984).

Stop and identify statutes often combine elements of traditional vagrancy laws with provisions intended to regulate police behavior in the course of investigatory stops. The statutes vary from State to State, but all permit an officer to ask or require a suspect to disclose his identity. A few States model their statutes on the Uniform Arrest Act, a model code that permits an officer to stop a person reasonably suspected of committing a crime and “demand of him his name, address, business abroad and whither he is going.” Warner, The Uniform Arrest Act, 28 Va. L. Rev. 315, 344 (1942). Other statutes are based on the text proposed by the American Law Institute as part of the Institute’s Model Penal Code. See ALI, Model Penal Code § 250.6, Comment 4, pp. 392-393 (1980). The provision, originally designated §250.12,- provides that a person who is loitering “under circumstances which justify suspicion that he may be engaged or about to engage in crime commits a violation if he refuses the request of a peace officer that he identify himself and give a reasonably credible account of the lawfulness of his conduct and purposes.” §250.12 (Tent. Draft No. 13) (1961). In some States, a suspect’s refusal to identify himself is a misdemeanor offense or civil violation; in others, it is a factor to be considered in whether the suspect has violated loitering laws. In other States, a suspect may decline to identify himself without penalty.

Stop and identify statutes have their roots in early English vagrancy laws that required suspected vagrants to face arrest unless they gave “a good Account of themselves,” 15 Geo. 2, ch. 5, §2 (1744), a power that itself reflected common-law rights of private persons to “arrest any suspicious night-walker, and detain him till he give a good account of himself....” 2 W. Hawkins, Pleas of the Crown, ch. 13, § 6, p. 130 (6th ed. 1787). In recent decades, the Court has found constitutional infirmity in traditional vagrancy laws. *184In Papachristou v. Jacksonville, 405 U. S. 156 (1972), the Court held that a traditional vagrancy law was void for vagueness. Its broad scope and imprecise terms denied proper notice to potential offenders and permitted police officers to exercise unfettered discretion in the enforcement of the law. See id., at 167-171.

The Court has recognized similar constitutional limitations on the scope and operation of stop and identify statutes. In Brown v. Texas, 443 U. S. 47, 52 (1979), the Court invalidated a conviction for violating a Texas stop and identify statute on Fourth Amendment grounds. The Court ruled that the initial stop was not based on specific, objective facts establishing reasonable suspicion to believe the suspect was involved in criminal activity. See id., at 51-52. Absent that factual basis for detaining the defendant, the Court held, the risk of “arbitrary and abusive police practices” was too great and the stop was impermissible. Id., at 52. Four Terms later, the Court invalidated a modified stop and identify statute on vagueness grounds. See Kolender v. Lawson, 461 U. S. 352 (1983). The California law in Kolender required a suspect to give an officer “ ‘credible and reliable’ ” identification when asked to identify himself. Id., at 360. The Court held that the statute was void because it provided no standard for determining what a suspect must do to comply with it, resulting in “ ‘virtually unrestrained power to arrest and charge persons with a violation.’” Ibid, (quoting Lewis v. New Orleans, 415 U. S. 130, 135 (1974) (Powell, J., concurring in result)).

The present case begins where our prior cases left off. Here there is no question that the initial stop was based on reasonable suspicion, satisfying the Fourth Amendment requirements noted in Brown. Further, the petitioner has not alleged that the statute is unconstitutionally vague, as in Ko-lender. Here the Nevada statute is narrower and more precise. The statute in Kolender had been interpreted to require a suspect to give the officer “credible and reliable” *185identification. In contrast, the Nevada Supreme Court has interpreted NRS § 171.123(3) to require only that a suspect disclose his name. See 118 Nev., at 875, 59 P. 3d, at 1206 (opinion of Young, C. J.) (“The suspect is not required to provide private details about his background, but merely to state his name to an officer when reasonable suspicion exists”). As we understand it, the statute does not require a suspect to give the officer a driver’s license or any other document. Provided that the suspect either states his name or communicates it to the officer by other means — a choice, we assume, that the suspect may make — the statute is satisfied and no violation occurs. See id., at 876-877, 59 P. 3d, at 1206-1207.

Ill

Hiibel argues that his conviction cannot stand because the officer’s conduct violated his Fourth Amendment rights. We disagree.

Asking questions is an essential part of police investigations. In the ordinary course a police officer is free to ask a person for identification without implicating the Fourth Amendment. “[Interrogation relating to one’s identity or a request for identification by the police does not, by itself, constitute a Fourth Amendment seizure.” INS v. Delgado, 466 U. S. 210, 216 (1984). Beginning with Terry v. Ohio, 392 U. S. 1 (1968), the Court has recognized that a law enforcement officer’s reasonable suspicion that a person may be involved in criminal activity permits the officer to stop the person for a brief time and take additional steps to investigate further. Delgado, supra, at 216; United States v. Brignoni-Ponce, 422 U. S. 873, 881 (1975). To ensure that the resulting seizure is constitutionally reasonable, a Terry stop must be limited. The officer’s action must be “ ‘justified at its inception, and . . . reasonably related in scope to the circumstances which justified the interference in the first place.’” United States v. Sharpe, 470 U. S. 675, 682 (1985) (quoting Terry, supra, at 20). For example, the seizure can*186not continue for an excessive period of time, see United States v. Place, 462 U. S. 696, 709 (1983), or resemble a traditional arrest, see Dunaway v. New York, 442 U. S. 200, 212 (1979).

Our decisions make clear that questions concerning a suspect’s identity are a routine and accepted part of many Terry stops. See United States v. Hensley, 469 U. S. 221, 229 (1985) (“[T]he ability to briefly stop [a suspect], ask questions, or check identification in the absence of probable cause promotes the strong government interest in solving crimes and bringing offenders to justice”); Hayes v. Florida, 470 U. S. 811, 816 (1985) (“[I]f there are articulable facts supporting a reasonable suspicion that a person has committed a criminal offense, that person may be stopped in order to identify him, to question him briefly, or to detain him briefly while attempting to obtain additional information”); Adams v. Williams, 407 U. S. 143, 146 (1972) (“A brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time”).

Obtaining a suspect’s name in the course of a Terry stop serves important government interests. Knowledge of identity may inform an officer that a suspect is wanted for another offense, or has a record of violence or mental disorder. On the other hand, knowing identity may help clear a suspect and allow the police to concentrate their efforts elsewhere. Identity may prove particularly important in cases such as this, where the police are investigating what appears to be a domestic assault. Officers called to investigate domestic disputes need to know whom they are dealing with in order to assess the situation, the threat to their own safety, and possible danger to the potential victim.

Although it is well established that an officer may ask a suspect to identify himself in the course of a Terry stop, it has been an open question whether the suspect can be ar*187rested and prosecuted for refusal to answer. See Brown, 443 U. S., at 53, n. 3. Petitioner draws our attention to statements in prior opinions that, according to him, answer the question in his favor. In Terry, Justice White stated in a concurring opinion that a person detained in an investigative stop can be questioned but is “not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest.” 392 U. S., at 34. The Court cited this opinion in dicta in Berkemer v. McCarty, 468 U. S. 420, 439 (1984), a decision holding that a routine traffic stop is not a custodial stop requiring the protections of Miranda v. Arizona, 384 U. S. 436 (1966). In the course of explaining why Terry stops have not been subject to Miranda, the Court suggested reasons why Terry stops have a “nonthreatening character,” among them the fact that a suspect detained during a Terry stop “is not obliged to respond” to questions. See Berkemer, supra, at 439, 440. According to petitioner, these statements establish a right to refuse to answer questions during a Terry stop.

We do not read these statements as controlling. The passages recognize that the Fourth Amendment does not impose obligations on the citizen but instead provides rights against the government. As a result, the Fourth Amendment itself cannot require a suspect to answer questions. This case concerns a different issue, however. Here, the source of the legal obligation arises from Nevada state law, not the Fourth Amendment. Further, the statutory obligation does not go beyond answering an officer’s request to disclose a name. See NRS § 171.123(3) (“Any person so detained shall identify himself, but may not be compelled to answer any other inquiry of any peace officer”). As a result, we cannot view the dicta in Berkemer or Justice White’s concurrence in Terry as answering the question whether a State' can compel a suspect to disclose his name during a Terry stop.

The principles of Terry permit a State to require a suspect to disclose his name in the course of a Terry stop. The rea*188sonableness of a seizure under the Fourth Amendment is determined “by balancing its intrusion on the individual’s Fourth Amendment interests against its promotion of legitimate government interests.” Delaware v. Prouse, 440 U. S. 648, 654 (1979). The Nevada statute satisfies that standard. The request for identity has an immediate relation to the purpose, rationale, and practical demands of a Terry stop. The threat of criminal sanction helps ensure that the request for identity does not become a legal nullity. On the other hand, the Nevada statute does not alter the nature of the stop itself: it does not change its duration, Place, supra, at 709, or its location, Dunaway, supra, at 212. A state law requiring a suspect to disclose his name in the course of a valid Terry stop is consistent with Fourth Amendment prohibitions against unreasonable searches and seizures.

Petitioner argues that the Nevada statute circumvents the probable-cause requirement, in effect allowing an officer to arrest a person for being suspicious. According to petitioner, this creates a risk of arbitrary police conduct that the Fourth Amendment does not permit. Brief for Petitioner 28-33. These are familiar concerns; they were central to the opinion in Papachristou, and also to the decisions limiting the operation of stop and identify statutes in Kolender and Brown. Petitioner’s concerns are met by the requirement that a Terry stop must be justified at its inception and “reasonably related in scope to the circumstances which justified” the initial stop. 392 U. S., at 20. Under these principles, an officer may not arrest a suspect for failure to identify himself if the request for identification is not reasonably related to the circumstances justifying the stop. The Court noted a similar limitation in Hayes, where it suggested that Terry may permit an officer to determine a suspect’s identity by compelling the suspect to submit to fingerprinting only if there is “a reasonable basis for believing that fingerprinting will establish or negate the suspect’s connection with that crime.” 470 U. S., at 817. It is clear in this case that the *189request for identification was “reasonably related in scope to the circumstances which justified” the stop. Terry, supra, at 20. The officer’s request was a commonsense inquiry, not an effort to obtain an arrest for failure to identify after a Terry stop yielded insufficient evidence. The stop, the request, and the State’s requirement of a response did not contravene the guarantees of the Fourth Amendment.

IV

Petitioner further contends that his conviction violates the Fifth Amendment’s prohibition on compelled self-incrimination. The Fifth Amendment states that “[n]o person . . . shall be compelled in any criminal case to be a witness against himself.” To qualify for the Fifth Amendment privilege, a communication must be testimonial, incriminating, and compelled. See United States v. Hubbell, 530 U. S. 27, 34-38 (2000).

Respondents urge us to hold that the statements NRS § 171.123(3) requires are nontestimonial, and so outside the Clause’s scope. We decline to resolve the case on that basis. “[T]o be testimonial, an accused’s communication must itself, explicitly or implicitly, relate a factual assertion or disclose information.” Doe v. United States, 487 U. S. 201, 210 (1988). See also Hubbell, 530 U. S., at 35. Stating one’s name may qualify as an assertion of fact relating to identity. Production of identity documents might meet the definition as well. As we noted in Hubbell, acts of production may yield testimony establishing “the existence, authenticity, and custody of items [the police seek].” Id., at 41. Even if these required actions are testimonial, however, petitioner’s challenge must fail because in this case disclosure of his name presented no reasonable danger of incrimination.

The Fifth Amendment prohibits only compelled testimony that is incriminating. See Brown v. Walker, 161 U. S. 591, 598 (1896) (noting that where “the answer of the witness will not directly show his infamy, but only tend to disgrace him, *190he is bound to answer”). A claim of Fifth Amendment privilege must establish

“ ‘reasonable ground to apprehend danger to the witness from his being compelled to answer .... [T]he danger to be apprehended must be real and appreciable, with reference to the ordinary operation of law in the ordinary course of things, — not a danger of an imaginary and unsubstantial character, having reference to some extraordinary and barely possible contingency, so improbable that no reasonable man would suffer it to influence his conduct.’ ” Id., at 599-600 (quoting Queen v. Boyes, 1 B. & S. 311, 330, 121 Eng. Rep. 730, 738 (Q. B. 1861) (Cockburn, C. J.)).

As we stated in Kastigar v. United States, 406 U. S. 441, 445 (1972), the Fifth Amendment privilege against compulsory self-incrimination “protects against any disclosures that the witness reasonably believes could be used in a criminal prosecution or could lead to other evidence that might be so used.” Suspects who have been granted immunity from prosecution may, therefore, be compelled to answer; with the threat of prosecution removed, there can be no reasonable belief that the evidence will be used against them. See id., at 453.

In this case petitioner’s refusal to disclose his name was not based on any articulated real and appreciable fear that his name would be used to incriminate him, or that it “would furnish a link in the chain of evidence needed to prosecute” him. Hoffman v. United States, 341 U. S. 479, 486 (1951). As best we' can tell, petitioner refused to identify himself only because he thought his name was none of the officer’s business. Even today, petitioner does not explain how the disclosure of his name could have been used against him in a criminal case. While we recognize petitioner’s strong belief that he should not have to disclose his identity, the Fifth *191Amendment does not override the Nevada Legislature’s judgment to the contrary absent a reasonable belief that the disclosure would tend to incriminate him.

The narrow scope of the disclosure requirement is also important. One’s identity is, by definition, unique; yet it is, in another sense, a universal characteristic. Answering, a request to disclose a name is likely to be so insignificant in the scheme of things as to be incriminating only in unusual circumstances. See Baltimore City Dept. of Social Servs. v. Bouknight, 493 U. S. 549, 555 (1990) (suggesting that “fact[s] the State could readily establish” may render “any testimony regarding existence or authenticity [of them] insufficiently incriminating”); cf. California v. Byers, 402 U. S. 424, 432 (1971) (opinion of Burger, C. J.). In every criminal case, it is known and must be known who has been arrested and who is being tried. Cf. Pennsylvania v. Muniz, 496 U. S. 582, 601-602 (1990) (principal opinion of Brennan, J.). Even witnesses who plan to invoke the Fifth Amendment privilege answer when their names are called to take the stand. Still, a case may arise where there is a substantial allegation that furnishing identity at the time of a stop would have given the police a link in the chain of evidence needed to convict the individual of a separate offense. In that case, the court can then consider whether the privilege applies, and, if the Fifth Amendment has been violated, what remedy must follow. We need not resolve those questions here.

The judgment of the Nevada Supreme Court is

Affirmed.

Justice Stevens,

dissenting.

The Nevada law at issue in this case imposes a narrow duty to speak upon a specific class of individuals. The class includes only those persons detained by a police officer “under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a *192crime”1 — persons who are, in other words, targets of a criminal investigation. The statute therefore is directed not “at the public at large,” but rather “at a highly selective group inherently suspect of criminal activities.” Albertson v. Subversive Activities Control Bd., 382 U. S. 70, 79 (1965).

Under the Nevada law, a member of the targeted class “may not be compelled to answer” any inquiry except a command that he “identify himself.”2 Refusal to identify oneself upon request is punishable as a crime.3 Presumably the statute does not require the detainee to answer any other question because the Nevada Legislature realized that the Fifth Amendment prohibits compelling the target of a criminal investigation to make any other statement. In my judgment, the broad constitutional right to remain silent, which derives from the Fifth Amendment’s guarantee that “[n]o person . . . shall be compelled in any criminal case to be a witness against himself,”4 is not as circumscribed as the Court suggests, and does not admit even of the narrow exception defined by the Nevada statute.

“[T]here can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” Miranda v. Arizona, 384 U. S. 436, 467 (1966). It is a “settled principle” that “the police have the right to request citizens to answer voluntarily questions concerning unsolved crimes,” but *193“they have no right to compel them to answer.” Davis v. Mississippi, 394 U. S. 721, 727, n. 6 (1969). The protections of the Fifth Amendment are directed squarely toward those who are the focus of the government's investigative and prosecutorial powers. In a criminal trial, the indicted defendant has an unqualified right to refuse to testify and may not be punished for invoking that right. See Carter v. Kentucky, 450 U. S. 288, 299-300 (1981). The unindicted target of a grand jury investigation enjoys the same constitutional protection even if he has been served with a subpoena. See Chavez v. Martinez, 538 U. S. 760, 767-768 (2003). So does an arrested suspect during custodial interrogation in a police station. Miranda, 384 U. S., at 467.

There is no reason why the subject of police interrogation based on mere suspicion, rather than probable cause, should have any lesser protection. Indeed, we have said that the Fifth Amendment’s protections apply with equal force in the context of Terry stops, see Terry v. Ohio, 392 U. S. 1 (1968), where an officer’s inquiry “must be 'reasonably related in scope to the justification for [the stop’s] initiation,’” Ber-kemer v. McCarty, 468 U. S. 420, 439 (1984) (some internal quotation marks omitted). “Typically, this means that the officer may ask the detainee á moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer’s suspicions. But the detainee is not obliged to respond.” Ibid. See also Terry, 392 U. S., at 34 (White, J., concurring) (“Of course, the person stopped is not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest, although it may alert the officer to the need for continued observation”). Given our statements to the effect that citizens are not required to respond to police officers’ questions during a Terry stop, it is no surprise that petitioner assumed, as have we, that he had a right not to disclose his identity.

The Court correctly observes that a communication does not enjoy the Fifth Amendment privilege unless it is testi*194monial. Although the Court declines to resolve this question, ante, at 189, I think it clear that this case concerns a testimonial communication. Recognizing that whether a communication is testimonial is sometimes a “difficult question,” Doe v. United States, 487 U. S. 201, 214-215 (1988), we have stated generally that “[i]t is the ‘extortion of information from the accused,’ the attempt to force him ‘to disclose the contents of his own mind,’ that implicates the Self-Incrimination Clause,” id., at 211 (citations omitted). While “[t]he vast majority of verbal statements thus will be testimonial and, to that extent at least, will fall within the privilege,” id., at 213-214, certain acts and physical evidence fall outside the privilege.5 In all instances, we have afforded Fifth Amendment protection if the disclosure in question was being admitted because of its content rather than some other aspect of the communication.6

Considered in light of these precedents, the compelled statement at issue in this case is clearly testimonial. It is significant that the communication must be made in response *195to a question posed by a police officer. As we recently explained, albeit in the different context of the Sixth Amendment’s Confrontation Clause, “[w]hatever else the term [‘testimonial’] covers, it applies at a minimum ... to police interrogations.” Crawford v. Washington, 541 U. S. 36, 68 (2004). Surely police questioning during a Terry stop qualifies as an interrogation, and it follows that responses to such questions are testimonial in nature.

Rather than determining whether the communication at issue is testimonial, the Court instead concludes that the State can compel the disclosure of one’s identity because it is not “incriminating.” Ante, at 189. ' But our cases have afforded Fifth Amendment protection to statements that are “incriminating” in a much broader sense than the Court suggests. It has “long been settled that [the Fifth Amendment’s] protection encompasses compelled statements that lead to the discovery of incriminating evidence even though the statements themselves are not incriminating and are not introduced into evidence.” United States v. Hubbell, 530 U. S. 27, 37 (2000). By “incriminating” we have meant disclosures that “could be used in a criminal prosecution or could lead to other evidence that might be so used,” Kastigar v. United States, 406 U. S. 441, 445 (1972) — communications, in other words, that “would furnish a link in the chain of' evidence needed to prosecute the claimant for a federal crime,” Hoffman v. United States, 341 U. S. 479, 486 (1951). Thus, “[compelled testimony that communicates information that may ‘lead to incriminating evidence’ is privileged even if the information itself is not inculpatory.” Hubbell, 530 U. S., at 38 (quoting Doe, 487 U. S., at 208, n. 6).

Given a proper understanding of the category of “incriminating” communications that fall within the Fifth Amendment privilege, it is clear that the disclosure of petitioner’s identity is protected. The Court reasons that we should not assume that the disclosure of petitioner’s “name would be used to incriminate him, or that it would furnish a link in [a] *196chain of evidence needed to prosecute him.” Ante, at 190 (internal quotation marks omitted). But why else would an officer ask for it? And why else would the Nevada Legislature require its disclosure only when circumstances “reasonably indicate that the person has committed, is committing or is about to commit a crime”?7 If the Court is correct, then petitioner’s refusal to cooperate did not impede the police investigation. Indeed, if we accept the predicate for the Court’s holding, the statute requires nothing more than a useless invasion of privacy. I think that, on the contrary, the Nevada Legislature intended to provide its police officers with a useful law enforcement tool, and that the very existence of the statute demonstrates the value of the information it demands.

A person’s identity obviously bears informational and incriminating worth, “even if the [name] itself is not inculpa-tory.” Hubbell, 530 U. S., at 38. A name can provide the key to a broad array of information about the person, particularly in the hands of a police officer with access to a range of law enforcement databases. And that information, in turn, can be tremendously useful in a criminal prosecution. It is therefore quite wrong to suggest that a person’s identity provides a link in the chain to incriminating evidence “only 'in unusual circumstances.” Ante, at 191.

The officer in this case told petitioner, in the Court’s words, that “he was conducting an investigation and needed to see some identification.” Ante, at 181. As the target of that investigation, petitioner, in my view, acted well within his rights when he opted to stand mute. Accordingly, I respectfully dissent.

*197Justice Breyer,

with whom Justice Souter and Jus-

tice Ginsburg join, dissenting.

Notwithstanding the vagrancy statutes to which the majority refers, see ante, at 183-184, this Court’s Fourth Amendment precedents make clear that police may conduct a Terry stop only within circumscribed limits. And one of those limits invalidates, laws that compel responses to police questioning.

In Terry v. Ohio, 392 U. S. 1 (1968), the Court considered whether police, in the absence of probable cause, can stop, question, or frisk an individual at all. The Court recognized that the Fourth Amendment protects the ‘“right of every individual to the possession and control of his own person.’ ” Id., at 9 (quoting Union Pacific R. Co. v. Botsford, 141 U. S. 250, 251 (1891)). At the same time, it recognized that in certain circumstances, public safety might require a limited “seizure,” or stop, of an individual against his will. The Court consequently set forth conditions circumscribing when and how the police might conduct a Terry stop. They include what has become known as the “reasonable suspicion” standard. 392 U. S., at 20-22. Justice White, in a separate concurring opinion, set forth further conditions. Justice White wrote: “Of course, the person stopped is not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest, although it may alert the officer to the need for continued observation.” Id., at 34.

About 10 years later, the Court, in Brown v. Texas, 443 U. S. 47 (1979), held that police lacked “any reasonable suspicion” to detain the particular petitioner and require him to identify himself. Id., at 53. The Court noted that the trial judge had asked the following: “ ‘I’m sure [officers conducting a Terry stop] should ask everything they possibly could find out. What I’m asking is what’s the State’s interest in gutting a man in jail because he doesn’t want to answer....’” Id., at 54 (Appendix to opinion of the Court) (emphasis in *198original). The Court referred to Justice White’s Terry concurrence. 443 U. S., at 53, n. 3. And it said that it “need not decide” the matter. Ibid.

Then, five years later, the Court wrote that an “officer may ask the [Terry] detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer’s suspicions. But the detainee is not obliged to respond.” Berkemer v. McCarty, 468 U. S. 420, 439 (1984) (emphasis added). See also Kolender v. Lawson, 461 U. S. 352, 365 (1983) (Brennan, J., concurring) (Terry suspect “must be free to . . . decline to answer the questions put.to him”); Illinois v. Wardlow, 528 U. S. 119, 125 (2000) (stating that allowing officers to stop and question a fleeing person “is quite consistent with the individual’s right to go about his business or to stay put and remain silent in the face of police questioning”).

This lengthy history — of concurring opinions, of references, and of clear explicit statements — means that the Court’s statement in Berkemer, while technically dicta, is the kind of strong dicta that the legal community typically takes as a statement of the law. And that law has remained undisturbed for more than 20 years.

There is no good reason now to reject this generation-old statement of the law. There are sound reasons rooted in Fifth Amendment considerations for adhering to this Fourth Amendment legal condition circumscribing police authority to stop an individual against his will. See ante, at 192-196 (Stevens, J., dissenting). Administrative considerations also militate against change. Can a State, in addition to requiring a stopped individual to answer “What’s your name?” also require an answer to “What’s your license number?” or “Where do you live?” Can a police officer, who must know how to make a Terry stop, keep track of the constitutional answers? After all, answers to any of these questions may, or may not, incriminate, depending upon the circumstances.

*199Indeed, as the Court points out, a name itself — even if it is not “Killer Bill” or “Rough ’em up Harry” — will sometimes provide the police with “a link in the chain of evidence needed to convict the individual of a separate offense.” Ante, at 191. The majority reserves judgment about whether compulsion is permissible in such instances. Ibid. How then is a police officer in the midst of a Terry stop to distinguish between the majority’s ordinary case and this special case where the majority reserves judgment?

The majority presents no evidence that the rule enunciated by Justice White and then by the Berkemer Court, which for nearly a generation has set forth a settled Terry-stop condition, has significantly interfered with law enforcement. Nor has the majority presented any other convincing justification for change. I would not begin to erode a clear rule with special exceptions.

I consequently dissent.

5.5 Heien v. North Carolina, 574 U.S. 54 (2014) 5.5 Heien v. North Carolina, 574 U.S. 54 (2014)

REASONABLE SUSPICION EXISTS WITH REASONABLE MISTAKE OF LAW

 

 

SUPREME COURT OF THE UNITED STATES

_________________

No. 13–604

_________________

NICHOLAS BRADY HEIEN, PETITIONER v. NORTH CAROLINA   

ON WRIT OF CERTIORARI TO THE SUPREME COURT OF NORTH CAROLINA  

[December 15, 2014]

 CHIEF JUSTICE ROBERTS delivered the opinion of the Court.

 The Fourth Amendment prohibits “unreasonable searches and seizures.”  Under this standard, a search or seizure may be permissible even though the justification for the action includes a reasonable factual mistake.  An officer might, for example, stop a motorist for traveling alone in a high-occupancy vehicle lane, only to discover upon approaching the car that two children are slumped over asleep in the back seat. The driver has not violated the law, but neither has the officer violated the Fourth Amendment.

 But what if the police officer’s reasonable mistake is not one of fact but of law?  In this case, an officer stopped a vehicle because one of its two brake lights was out, but a court later determined that a single working brake light was all the law required.  The question presented is whether such a mistake of law can nonetheless give rise to the reasonable suspicion necessary to uphold the seizure under the Fourth Amendment.  We hold that it can.  Because the officer’s mistake about the brake-light law was reasonable, the stop in this case was lawful under the Fourth Amendment.

I

 On the morning of April 29, 2009, Sergeant Matt Darisse of the Surry County Sheriff ’s Department sat in his patrol car near Dobson, North Carolina, observing northbound traffic on Interstate 77.  Shortly before 8 a.m., a Ford Escort passed by. Darisse thought the driver looked          “very stiff and nervous,” so he pulled onto the interstate and began following the Escort. A few miles down the road, the Escort braked as it approached a slower vehicle, but only the left brake light came on. Noting the faulty right brake light, Darisse activated his vehicle’s lights and pulled the Escort over. App. 4–7, 15–16.

 Two men were in the car: Maynor Javier Vasquez sat behind the wheel, and petitioner Nicholas Brady Heien lay across the rear seat. Sergeant Darisse explained to Vasquez that as long as his license and registration checked out, he would receive only a warning ticket for the broken brake light.  A records check revealed no problems with the documents, and Darisse gave Vasquez the warning ticket. But Darisse had become suspicious during the course of the stop—Vasquez appeared nervous, Heien remained lying down the entire time, and the two gave inconsistent answers about their destination.  Darisse asked Vasquez if he would be willing to answer some questions. Vasquez assented, and Darisse asked whether  the men were transporting various types of contraband.  Told no, Darisse asked whether he could search the Escort. Vasquez said he had no objection, but told Darisse he should ask Heien, because Heien owned the car.  Heien gave his consent, and Darisse, aided by a fellow officer who had since arrived, began a thorough search of the vehicle. In the side compartment of a duffle bag, Darisse found a sandwich bag containing cocaine.  The officers arrested both men. 366 N. C. 271, 272–273, 737 S. E. 2d 351, 352–353 (2012); App. 5–6, 25, 37.

 The State charged Heien with attempted trafficking in cocaine. Heien moved to suppress the evidence seized from the car, contending that the stop and search had violated the Fourth Amendment of the United States Constitution. After a hearing at which both officers testified and the State played a video recording of the stop, the trial court denied the suppression motion, concluding that the faulty brake light had given Sergeant Darisse reasonable suspicion to initiate the stop, and that Heien’s subsequent consent to the search was valid.  Heien pleaded guilty but reserved his right to appeal the suppression decision. App. 1, 7–10, 12, 29, 43–44.

 The North Carolina Court of Appeals reversed.  214 N. C. App. 515, 714 S. E. 2d 827 (2011).  The initial stop was not valid, the court held, because driving with only one working brake light was not actually a violation of North Carolina law.  The relevant provision of the vehicle code provides that a car must be

“equipped with a stop lamp on the rear of the vehicle.  The stop lamp shall display a red or amber light visible from a distance of not less than 100 feet to the rear in normal sunlight, and shall be actuated upon application of the service (foot) brake.  The stop lamp may be incorporated into a unit with one or more other rear lamps.”  N. C. Gen. Stat. Ann. §20–129(g) (2007).

 Focusing on the statute’s references to “a stop lamp” and “[t]he stop lamp” in the singular, the court concluded that a vehicle is required to have only one working brake light—which Heien’s vehicle indisputably did.  The justification for the stop was therefore “objectively unreasonable,” and the stop violated the Fourth Amendment. 214 N. C. App., at 518–522, 714 S. E. 2d, at 829–831.

 The State appealed, and the North Carolina Supreme Court reversed. 366 N. C. 271, 737 S. E. 2d 351.  Noting that the State had chosen not to seek review of the Court of Appeals’ interpretation of the vehicle code, the North Carolina Supreme Court assumed for purposes of its decision that the faulty brake light was not a violation.  Id., at 275, 737 S. E. 2d, at 354.  But the court concluded that, for several reasons, Sergeant Darisse could have reasonably, even if mistakenly, read the vehicle code to require that both brake lights be in good working order.  Most notably, a nearby code provision requires that “all originally equipped rear lamps” be functional.  Id., at 282– 283, 737 S. E. 2d, at 358–359 (quoting N. C. Gen. Stat. Ann. §20–129(d)). Because Sergeant Darisse’s mistaken understanding of the vehicle code was reasonable, the stop was valid.  “An officer may make a mistake, including a mistake of law, yet still act reasonably under the circumstances. . . . [W]hen an officer acts reasonably under the circumstances, he is not violating the Fourth Amendment.” Id., at 279, 737 S. E. 2d, at 356.

 The North Carolina Supreme Court remanded to the Court of Appeals to address Heien’s other arguments for suppression (which are not at issue here). Id., at 283, 737 S. E. 2d, at 359. The Court of Appeals rejected those arguments and affirmed the trial court’s denial of his motion to suppress. ___ N. C. App. ___, 741 S. E. 2d 1 (2013). The North Carolina Supreme Court affirmed in turn. 367 N. C. 163, 749 S. E. 2d 278 (2013).  We granted certiorari. 572 U. S. ___ (2014).

II

 The Fourth Amendment provides:

 “The right of the people to be secure in their persons, houses, papers, and effects, against unreason- able searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

 A traffic stop for a suspected violation of law is a “seizure” of the occupants of the vehicle and therefore must be conducted in accordance with the Fourth Amendment.  Brendlin v. California, 551 U. S. 249, 255–259 (2007).  All parties agree that to justify this type of seizure, officers need only “reasonable suspicion”—that is, “a particularized and objective basis for suspecting the particular person stopped” of breaking the law.  Prado Navarette v. California, 572 U. S. ___, ___ (2014) (slip op., at 3) (internal quotation marks omitted).  The question here is whether reasonable suspicion can rest on a mistaken understanding of the scope of a legal prohibition.  We hold that it can.

 As the text indicates and we have repeatedly affirmed, “the ultimate touchstone of the Fourth Amendment is ‘reasonableness.’”   Riley v. California, 573 U. S. ___, ___ (2014) (slip op., at 5) (some internal quotation marks omitted). To be reasonable is not to be perfect, and so the Fourth Amendment allows for some mistakes on the part of government officials, giving them “fair leeway for enforcing the law in the community’s protection.”  Brinegar v. United States, 338 U. S. 160, 176 (1949).  We have recognized that searches and seizures based on mistakes of fact can be reasonable.  The warrantless search of a home, for instance, is reasonable if undertaken with the consent of a resident, and remains lawful when officers obtain the consent of someone who reasonably appears to be but is not in fact a resident.  See Illinois v. Rodriguez, 497 U. S. 177, 183–186 (1990).  By the same token, if officers with probable cause to arrest a suspect mistakenly arrest an individual matching the suspect’s description, neither the seizure nor an accompanying search of the arrestee would be unlawful. See Hill v. California, 401 U. S. 797, 802–805 (1971). The limit is that “the mistakes must be those of reasonable men.”  Brinegar, supra, at 176.

 But reasonable men make mistakes of law, too, and such mistakes are no less compatible with the concept of reasonable suspicion.  Reasonable suspicion arises from the combination of an officer’s understanding of the facts and his understanding of the relevant law.  The officer may be reasonably mistaken on either ground.  Whether the facts turn out to be not what was thought, or the law turns out to be not what was thought, the result is the same: the facts are outside the scope of the law.  There is no reason, under the text of the Fourth Amendment or our precedents, why this same result should be acceptable when reached by way of a reasonable mistake of fact, but not when reached by way of a similarly reasonable mistake of law.

 The dissent counters that our cases discussing probable cause and reasonable suspicion, most notably Ornelas v. United States, 517 U. S. 690, 696–697 (1996), have contained “scarcely a peep” about mistakes of law.  Post, at 2–3

(opinion of SOTOMAYOR, J.).  It would have been surpris- ing, of course, if they had, since none of those cases involved a mistake of law.

 Although such recent cases did not address mistakes of law, older precedents did.  In fact, cases dating back two centuries support treating legal and factual errors alike in this context.  Customs statutes enacted by Congress not long after the founding authorized courts to issue certificates indemnifying customs officers against damages suits premised on unlawful seizures. See,  e.g., Act of Mar. 2, 1799, ch. 22, §89, 1 Stat. 695–696. Courts were to issue such certificates on a showing that the officer had “reasonable cause”—a synonym for “probable cause”—for the challenged seizure. Ibid.; see Stacey v. Emery, 97 U. S. 642, 646 (1878); United States v. Riddle, 5 Cranch 311 (1809). In United States v. Riddle, a customs officer seized goods on the ground that the English shipper had violated the customs laws by preparing an invoice that undervalued the merchandise, even though the American consignee declared the true value to the customs collector. Chief Justice Marshall held that there had been no violation of the customs law because, whatever the shipper’s intention, the consignee had not actually attempted to defraud the Government.  Nevertheless, because “the construction of the law was liable to some question,” he affirmed the issuance of a certificate of probable cause: “A doubt as to the true construction of the law is as reasonable a cause for seizure as a doubt respecting the fact.”  Id., at 313.

 This holding—that reasonable mistakes of law, like those of fact, would justify certificates of probable cause— was reiterated in a number of 19th-century decisions. See, e.g., The Friendship, 9 F. Cas. 825, 826 (No. 5,125) (CC Mass. 1812) (Story, J.); United States v. The Reindeer, 27 F. Cas. 758, 768 (No. 16,145) (CC RI 1848); United States v. The Recorder, 27 F. Cas. 723 (No. 16,130) (CC SDNY 1849). By the Civil War, there had been “numerous cases in which [a] captured vessel was in no fault, and had not, under a true construction of the law, presented even ground of suspicion, and yet the captor was exonerated because he acted under an honest mistake of the law.”  The La Manche, 14 F. Cas. 965, 972 (No. 8,004) (D Mass. 1863).

 Riddle and its progeny are not directly on point.  Chief Justice Marshall was not construing the Fourth Amendment, and a certificate of probable cause functioned much like a modern-day finding of qualified immunity, which depends on an inquiry distinct from whether an officer has committed a constitutional violation.  See, e.g., Carroll v. Carman, ante, at 7 (per curiam). But Chief Justice Marshall was nevertheless explaining the concept of probable cause, which, he noted elsewhere, “in all cases of seizure, has a fixed and well known meaning.  It imports a seizure made under circumstances which warrant suspicion.”  Locke v. United States, 7 Cranch 339, 348 (1813).  We have said the phrase “probable cause” bore this “fixed and well known meaning” in the Fourth Amendment, see Brinegar, supra, at 175, and n. 14, and Riddle illustrates that it encompassed suspicion based on reasonable mistakes of both fact and law.  No decision of this Court in the two centuries since has undermined that understanding.*  The contrary conclusion would be hard to reconcile with a much more recent precedent.  In Michigan v. DeFillippo, 443 U. S. 31 (1979), we addressed the validity of an arrest made under a criminal law later declared unconstitutional. A Detroit ordinance that authorized police officers to stop and question individuals suspected of criminal activ- ity also made it an offense for such an individual “to refuse to identify himself and produce evidence of his identity.”  Id., at 33.  Detroit police officers sent to investigate a report of public intoxication arrested Gary DeFillippo after he failed to identify himself.  A search incident to arrest uncovered drugs, and DeFillippo was charged with possession of a controlled substance. The Michigan Court of Appeals ordered the suppression of the drugs, concluding that the identification ordinance was unconstitutionally vague and that DeFillippo’s arrest was therefore invalid.  Id., at 34–35.

——————

*The dissent contends that “the tolerance of mistakes of law in cases  like Riddle was a result of the specific customs statute that Congress had enacted.”  Post, at 8, n. 3 (citing The Apollon, 9 Wheat. 362, 373 (1824) (Story, J.)).  The relevant portion of The Apollon, however, addressed “the effect of probable cause,” not what gave rise to it.  Id., at 372 (emphasis added); see id., at 376 (finding it “unnecessary” to decide whether probable cause existed because it “would not, under the circumstances of this case, constitute a valid defence”).  Justice Story understandably did not cite Riddle or discuss its tolerance of mistakes of law anywhere in The Apollon.

 Accepting the unconstitutionality of the ordinance as a given, we nonetheless reversed.  At the time the officers arrested DeFillippo, we explained, “there was no controlling precedent that this ordinance was or was not constitutional, and hence the conduct observed violated a presumptively valid ordinance.”  Id., at 37. Acknowledging that the outcome might have been different had the ordinance been “grossly and flagrantly unconstitutional,” we concluded that under the circumstances “there was abundant probable cause to satisfy the constitutional prerequisite for an arrest.” Id., at 37–38.

 The officers were wrong in concluding that DeFillippo was guilty of a criminal offense when he declined to iden- tify himself.  That a court only later declared the ordinance unconstitutional does not change the fact that DeFillippo’s conduct was lawful when the officers observed it.  See Danforth v. Minnesota, 552 U. S. 264, 271 (2008).  But the officers’ assumption that the law was valid was reason- able, and their observations gave them “abundant probable cause” to arrest DeFillippo.  443 U. S., at 37.  Although DeFillippo could not be prosecuted under the identifica- tion ordinance, the search that turned up the drugs was constitutional.

 Heien struggles to recast DeFillippo as a case solely about the exclusionary rule, not the Fourth Amendment itself. In his view, the officers’ mistake of law resulted in a violation the Fourth Amendment, but suppression of the drugs was not the proper remedy.  We did say in a footnote that suppression of the evidence found on DeFillippo would serve none of the purposes of the exclusionary rule.  See id., at 38, n. 3.  But that literally marginal discussion does not displace our express holding that the arrest was constitutionally valid because the officers had probable cause. See id., at 40. Nor, contrary to Heien’s suggestion, did either United States v. Leon, 468 U. S. 897 (1984), or Illinois v. Gates, 462 U. S. 213 (1983), somehow erase that holding and transform DeFillippo into an exclusionary rule decision. See Brief for Petitioner 28–29. In Leon, we said DeFillippo paid “attention to the purposes underlying the exclusionary rule,” but we also clarified that it did “not involv[e] the scope of the rule itself.” 468 U. S., at 911– 912. As for Gates, only Justice White’s separate opinion (joined by no other Justice) discussed DeFillippo, and it acknowledged that “DeFillippo did not modify the exclusionary rule itself ” but instead “upheld the validity of an arrest.” 462 U. S., at 256, n. 12 (opinion concurring in judgment).

 Heien is correct that in a number of decisions we have looked to the reasonableness of an officer’s legal error in the course of considering the appropriate remedy for a constitutional violation, instead of whether there was a violation at all. See, e.g., Davis v. United States, 564 U. S. ___, ___ (2011) (slip op., at 11) (exclusionary rule); Illinois v. Krull, 480 U. S. 340, 359–360 (1987) (exclusionary rule); Wilson v. Layne, 526 U. S. 603, 615 (1999) (qualified immunity); Anderson v. Creighton, 483 U. S. 635, 641 (1987) (qualified immunity).  In those cases, however, we had already found or assumed a Fourth Amendment violation.  An officer’s mistaken view that the conduct at issue did not give rise to such a violation—no matter how reason- able—could not change that ultimate conclusion.  See Brief for Respondent 29–31; Brief for United States as Amicus Curiae 30, n. 3.  Any consideration of the reasonableness of an officer’s mistake was therefore limited to the separate matter of remedy.

 Here, by contrast, the mistake of law relates to the antecedent question of whether it was reasonable for an officer to suspect that the defendant’s conduct was illegal.  If so, there was no violation of the Fourth Amendment in the first place.  None of the cases Heien or the dissent cites precludes a court from considering a reasonable mistake of law in addressing that question.  Cf. Herring v.

United States, 555 U. S. 135, 139 (2009) (assuming a Fourth Amendment violation while rejecting application of the exclusionary rule, but noting that “[w]hen a probablecause determination was based on reasonable but mistaken assumptions, the person subjected to a search or seizure has not necessarily been the victim of a constitutional violation”).

 Heien also contends that the reasons the Fourth Amendment allows some errors of fact do not extend to errors of law. Officers in the field must make factual assessments on the fly, Heien notes, and so deserve a margin of error. In Heien’s view, no such margin is appropriate for questions of law: The statute here either requires one working brake light or two, and the answer does not turn on anything “an officer might suddenly confront in the field.”  Brief for Petitioner 21.  But Heien’s point does not consider the reality that an officer may “suddenly confront” a situation in the field as to which the application of a statute is unclear—however clear it may later become. A law prohibiting “vehicles” in the park either covers Segways or not, see A. Scalia & B. Garner, Reading Law: The Interpretation of Legal Texts 36–38 (2012), but an officer will nevertheless have to make a quick decision on the law the first time one whizzes by.  Contrary to the suggestion of Heien and amici, our decision does not discourage officers from learning the law. The Fourth Amendment tolerates only reasonable mistakes, and those mistakes—whether of fact or of law— must be objectively reasonable.  We do not examine the subjective understanding of the particular officer involved.  Cf. Whren v. United States, 517 U. S. 806, 813 (1996).  And the inquiry is not as forgiving as the one employed in the distinct context of deciding whether an officer is entitled to qualified immunity for a constitutional or statutory violation. Thus, an officer can gain no Fourth Amendment advantage through a sloppy study of the laws he is dutybound to enforce.

 Finally, Heien and amici point to the well-known maxim, “Ignorance of the law is no excuse,” and contend that it is fundamentally unfair to let police officers get away with mistakes of law when the citizenry is accorded no such leeway. Though this argument has a certain rhetorical appeal, it misconceives the implication of the maxim.  The true symmetry is this: Just as an individual generally cannot escape criminal liability based on a mistaken understanding of the law, so too the government cannot impose criminal liability based on a mistaken understanding of the law. If the law required two working brake lights, Heien could not escape a ticket by claiming he reasonably thought he needed only one; if the law required only one, Sergeant Darisse could not issue a valid ticket by claiming he reasonably thought drivers needed two. But just because mistakes of law cannot justify either the imposition or the avoidance of criminal liability, it does not follow that they cannot justify an investigatory stop.  And Heien is not appealing a brake-light ticket; he is appealing a cocaine-trafficking conviction as to which there is no asserted mistake of fact or law.

III

 Here we have little difficulty concluding that the officer’s error of law was reasonable.  Although the North Carolina statute at issue refers to “a stop lamp,” suggesting the need for only a single working brake light, it also provides that “[t]he stop lamp may be incorporated into a unit with one or more other rear lamps.”  N. C. Gen. Stat. Ann. §20–129(g) (emphasis added). The use of “other” suggests to the everyday reader of English that a “stop lamp” is a type of “rear lamp.” And another subsection of the same provision requires that vehicles “have all originally equipped rear lamps or the equivalent in good working order,” §20–129(d), arguably indicating that if a vehicle has multiple “stop lamp[s],” all must be functional.  The North Carolina Court of Appeals concluded that the “rear lamps” discussed in subsection (d) do not include brake lights, but, given the “other,” it would at least have been reasonable to think they did. Both the majority and the dissent in the North Carolina Supreme Court so concluded, and we agree. See 366 N. C., at 282–283, 737 S. E. 2d, at 358–359; id., at 283, 737 S. E. 2d, at 359 (Hudson, J., dissenting) (calling the Court of Appeals’ decision “surprising”). This “stop lamp” provision, moreover, had never been previously construed by North Carolina’s appellate courts. See id., at 283, 737 S. E. 2d, at 359 (majority opinion). It was thus objectively reasonable for an officer in Sergeant Darisse’s position to think that Heien’s faulty right brake light was a violation of North Carolina law. And because the mistake of law was reasonable, there was reasonable suspicion justifying the stop.

 The judgment of the Supreme Court of North Carolina is Affirmed.

 

 

SUPREME COURT OF THE UNITED STATES

_________________

No. 13–604

_________________

NICHOLAS BRADY HEIEN, PETITIONER v. NORTH  CAROLINA   

ON WRIT OF CERTIORARI TO THE SUPREME COURT OF NORTH CAROLINA  

[December 15, 2014]

 JUSTICE KAGAN, with whom JUSTICE GINSBURG joins, concurring.

 I concur in full in the Court’s opinion, which explains why certain mistakes of law can support the reasonable suspicion needed to stop a vehicle under the Fourth Amendment. In doing so, the Court correctly emphasizes that the “Fourth Amendment tolerates only . . . objectively reasonable” mistakes of law.  Ante, at 11. And the Court makes clear that the inquiry into whether an officer’s mistake of law counts as objectively reasonable “is not as forgiving as the one employed in the distinct context of deciding whether an officer is entitled to qualified immunity.” Ibid. I write separately to elaborate briefly on those important limitations.[1]  

 First, an officer’s “subjective understanding” is irrelevant: As the Court notes, “[w]e do not examine” it at all.  Ibid.  That means the government cannot defend an officer’s mistaken legal interpretation on the ground that the officer was unaware of or untrained in the law.  And it means that, contrary to the dissenting opinion in the court below, an officer’s reliance on “an incorrect memo or training program from the police department” makes no difference to the analysis.  366 N. C. 271, 284, 737 S. E. 2d 351, 360 (2012) (Hudson, J., dissenting).  Those considerations pertain to the officer’s subjective understanding of the law and thus cannot help to justify a seizure.

 Second, the inquiry the Court permits today is more demanding than the one courts undertake before awarding qualified immunity. See Tr. of Oral Arg. 51 (Solicitor General stating that the two tests “require essentially the opposite” showings); Brief for Respondent 31–32 (making a similar point). Our modern qualified immunity doctrine protects “all but the plainly incompetent or those who knowingly violate the law.”  Ashcroft v. al-Kidd, 563 U. S. ___, ___ (2011) (slip op., at 12) (quoting Malley v. Briggs, 475 U. S. 335, 341 (1986)).  By contrast, Justice Story’s opinion in The Friendship, 9 F. Cas. 825, 826 (No. 5,125) (CC Mass. 1812) (cited ante, at 7), suggests the appropriate standard for deciding when a legal error can support a seizure: when an officer takes a reasonable view of a “vexata questio” on which different judges “h[o]ld opposite opinions.” See Brief for United States as Amicus Curiae 26 (invoking that language). Or to make the same point without the Latin, the test is satisfied when the law at issue is “so doubtful in construction” that a reasonable judge could agree with the officer’s view.  The Friendship, 9 F. Cas., at 826.

 A court tasked with deciding whether an officer’s mistake of law can support a seizure thus faces a straightforward question of statutory construction.  If the statute is genuinely ambiguous, such that overturning the officer’s judgment requires hard interpretive work, then the officer has made a reasonable mistake. But if not, not.  As the Solicitor General made the point at oral argument, the statute must pose a “really difficult” or “very hard question of statutory interpretation.”  Tr. of Oral Arg. 50.  And indeed, both North Carolina and the Solicitor General agreed that such cases will be “exceedingly rare.”  Brief for Respondent 17; Tr. of Oral Arg. 48.

 The Court’s analysis of Sergeant Darisse’s interpretation of the North Carolina law at issue here appropriately reflects these principles. As the Court explains, see ante, at 12–13, the statute requires every car on the highway to have “a stop lamp,” in the singular. N. C. Gen. Stat. Ann. §20–129(g) (2007). But the statute goes on to state that a stop lamp (or, in more modern terminology, brake light) “may be incorporated into a unit with one or more other rear lamps,” suggesting that a stop lamp itself qualifies as a rear lamp. Ibid. (emphasis added). And the statute further mandates that every car have “all originally equipped rear lamps . . . in good working order.” §20– 129(d) (emphasis added). The North Carolina Court of Appeals dealt with the statute’s conflicting signals in one way (deciding that a brake light is not a rear lamp, and so only one needs to work); but a court could easily take the officer’s view (deciding that a brake light is a rear lamp, and if a car comes equipped with more than one, as modern cars do, all must be in working order).  The critical point is that the statute poses a quite difficult question of interpretation, and Sergeant Darisse’s judgment, although overturned, had much to recommend it.  I therefore agree with the Court that the traffic stop he conducted did not violate the Fourth Amendment.

 

SUPREME COURT OF THE UNITED STATES

_________________

No. 13–604

_________________

NICHOLAS BRADY HEIEN, PETITIONER v. NORTH  CAROLINA   

ON WRIT OF CERTIORARI TO THE SUPREME COURT OF NORTH CAROLINA  

[December 15, 2014]

 JUSTICE SOTOMAYOR, dissenting.

 The Court is, of course, correct that “‘the ultimate  touchstone of the Fourth Amendment is “reasonableness.”’”   Riley v. California, 573 U. S. ___, ___ (2014) (slip op., at 5). But this broad statement simply sets the standard a court is to apply when it conducts its inquiry into whether the Fourth Amendment has been violated. It does not define the categories of inputs that courts are to consider when assessing the reasonableness of a search or seizure, each of which must be independently justified.  What this case requires us to decide is whether a police officer’s understanding of the law is an input into the reasonableness inquiry, or whether this inquiry instead takes the law as a given and assesses an officer’s understanding of the facts against a fixed legal yardstick.

 I would hold that determining whether a search or seizure is reasonable requires evaluating an officer’s understanding of the facts against the actual state of the law.  I would accordingly reverse the judgment of the North Carolina Supreme Court, and I respectfully dissent from the Court’s contrary holding.

I

 It is common ground that Heien was seized within the meaning of the Fourth Amendment.  Such a seizure comports with the Constitution only if the officers had articulable and reasonable suspicion that Heien was breaking the law. In Ornelas v. United States, 517 U. S. 690, 696 (1996), we explained that the “principal components” of that determination “will be the events which occurred leading up to the stop or search, and then the decision whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to reasonable suspicion or to probable cause.”  We described this kind of determination as “a mixed question of law and fact”: “‘[T]he issue is whether the facts satisfy the [rele- vant] statutory [or constitutional] standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.’”  Id., at 696–697 (quoting Pullman-Standard v. Swint, 456 U. S 273, 289, n. 19 (1982)).  What matters, we said, are the facts as viewed by an objectively reasonable officer, and the rule of law—not an officer’s conception of the rule of law, and not even an officer’s reasonable misunderstanding about the law, but the law.

 As a result, when we have talked about the leeway that officers have in making probable-cause determinations, we have focused on their assessments of facts.  See, e.g., Terry v. Ohio, 392 U. S. 1, 21–22 (1968) (framing the question as whether the “facts” give rise to reasonable suspicion).  We have conceded that an arresting officer’s state of mind does not factor into the probable-cause inquiry, “except for the facts that he knows.”  Devenpeck v. Alford, 543 U. S. 146, 153 (2004) (emphasis added). And we have said that, to satisfy the reasonableness requirement, “what is generally demanded of the many factual determinations that must regularly be made by agents of the government . . . is not that they always be correct, but that they always be reasonable.”  Illinois v. Rodriguez, 497 U. S. 177, 185 (1990) (emphasis added). There is scarcely a peep in these cases to suggest that an officer’s understanding or conception of anything other than the facts is relevant.

 This framing of the reasonableness inquiry has not only been focused on officers’ understanding of the facts, it has been justified in large part based on the recognition that officers are generally in a superior position, relative to courts, to evaluate those facts and their significance as they unfold. In other words, the leeway we afford officers’ factual assessments is rooted not only in our recognition that police officers operating in the field have to make quick decisions, see id., at 186, but also in our understanding that police officers have the expertise to “dra[w] inferences and mak[e] deductions . . . that might well elude an untrained person.”  United States v. Cortez, 449 U. S. 411, 418 (1981). When officers evaluate unfolding circumstances, they deploy that expertise to draw “conclusions about human behavior” much in the way that “jurors [do] as factfinders.” Ibid. (emphasis added).

 The same cannot be said about legal exegesis. After all, the meaning of the law is not probabilistic in the same way that factual determinations are.  Rather, “the notion that the law is definite and knowable” sits at the foundation of our legal system.  Cheek v. United States, 498 U. S. 192, 199 (1991). And it is courts, not officers, that are in the best position to interpret the laws.

 Both our enunciation of the reasonableness inquiry and our justification for it thus have always turned on an officer’s factual conclusions and an officer’s expertise with respect to those factual conclusions. Neither has hinted at taking into account an officer’s understanding of the law, reasonable or otherwise.

II

 Departing from this tradition means further eroding the Fourth Amendment’s protection of civil liberties in a context where that protection has already been worn down. Traffic stops like those at issue here can be “annoying, frightening, and perhaps humiliating.”  Terry, 392 U. S., at 25; see Delaware v. Prouse, 440 U. S. 648, 657 (1979). We have nevertheless held that an officer’s subjective motivations do not render a traffic stop unlawful.  Whren v. United States, 517 U. S. 806 (1996).  But we assumed in Whren that when an officer acts on pretext, at least that pretext would be the violation of an actual law.  See id., at 810 (discussing the three provisions of the District of Columbia traffic code that the parties accepted the officer had probable cause to believe had been vio- lated).  Giving officers license to effect seizures so long as they can attach to their reasonable view of the facts some reasonable legal interpretation (or misinterpretation) that suggests a law has been violated significantly expands this authority. Cf. Barlow v. United States, 7 Pet. 404, 411 (1833) (Story, J.) (“There is scarcely any law which does not admit of some ingenious doubt”).  One wonders how a citizen seeking to be law-abiding and to structure his or her behavior to avoid these invasive, frightening, and humiliating encounters could do so.

 In addition to these human consequences—including those for communities and for their relationships with the police—permitting mistakes of law to justify seizures has the perverse effect of preventing or delaying the clarification of the law. Under such an approach, courts need not interpret statutory language but can instead simply decide whether an officer’s interpretation was reasonable.  Indeed, had this very case arisen after the North Carolina Supreme Court announced its rule, the North Carolina Court of Appeals would not have had the occasion to interpret the statute at issue.  Similarly, courts in the Eighth Circuit, which has been the only Circuit to include police mistakes of law in the reasonableness inquiry, have observed that they need not decide interpretive questions under their approach. See, e.g., United States v. RodriguezLopez, 444 F. 3d 1020, 1022–1023 (CA8 2006).[2]  This  result is bad for citizens, who need to know their rights and responsibilities, and it is bad for police, who would benefit from clearer direction. Cf. Camreta v. Greene, 563 U. S. ___, ___–___ (2011) (slip op., at 10–11) (recognizing the importance of clarifying the law).

 Of course, if the law enforcement system could not function without permitting mistakes of law to justify seizures, one could at least argue that permitting as much is a necessary evil.  But I have not seen any persuasive argument that law enforcement will be unduly hampered by a rule that precludes consideration of mistakes of law in the reasonableness inquiry.  After all, there is no indication that excluding an officer’s mistake of law from the reasonableness inquiry has created a problem for law enforcement in the overwhelming number of Circuits which have adopted that approach.  If an officer makes a stop in good faith but it turns out that, as in this case, the officer was wrong about what the law proscribed or required, I know of no penalty that the officer would suffer.  See 366 N. C. 271, 286–288, 737 S. E. 2d 351, 361–362 (2012) (Hudson, J., dissenting) (observing that “officers (rightfully) face no punishment for a stop based on a mistake of law”).  Moreover, such an officer would likely have a defense to any civil suit on the basis of qualified immunity. See Ashcroft v. al-Kidd, 563 U. S. ___, ___ (2011) (slip op., at 12) (“Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about open legal questions”).

 Nor will it often be the case that any evidence that may be seized during the stop will be suppressed, thanks to the exception to the exclusionary rule for good-faith police errors. See, e.g., Davis v. United States, 564 U. S. ___, ___–___ (2011) (slip op., at 8–9).  It is true that, unlike most States, North Carolina does not provide a good-faith exception as a matter of state law, see State v. Carter, 322 N. C. 709, 721–724, 370 S. E. 2d 553, 560–562 (1988), but North Carolina recognizes that it may solve any remedial problems it may perceive on its own, see id., at 724, 370 S. E. 2d, at 562; N. C. Gen. Stat. Ann. §15A–974 (2013) (statutory good-faith exception).2 More fundamentally, that is a remedial concern, and the protections offered by the Fourth Amendment are not meant to yield to accommodate remedial concerns. Our jurisprudence draws a sharp “analytica[l] distinct[ion]” between the existence of a

——————

2 In addition to North Carolina, it appears that 13 States do not provide a good-faith exception. See State v. Marsala, 216 Conn. 150, 151, 579 A. 2d 58, 59 (1990); Dorsey v. State, 761 A. 2d 807, 814 (Del. 2000); Gary v. State, 262 Ga. 573, 574–575, 422 S. E. 2d 426, 428 (1992); State v. Guzman, 122 Idaho 981, 998, 842 P. 2d 660, 677 (1992); State v. Cline, 617 N. W. 2d 277, 283 (Iowa 2000), abrogated on other grounds by State v. Turner, 630 N. W. 2d 601 (Iowa 2001); Commonwealth v. Upton, 394 Mass. 363, 370, n. 5, 476 N. E. 2d 548, 554, n. 5 (1985); State v. Canelo, 139 N. H. 376, 383, 653 A. 2d 1097, 1102 (1995); State v. Johnson, 168 N. J. 608, 622–623, 775 A. 2d 1273, 1281–1282 (2001); State v. Gutierrez, 116 N. M. 431, 432, 863 P. 2d 1052, 1053 (1993); People v. Bigelow, 66 N. Y. 2d 417, 427, 488 N. E. 2d 451, 457–458 (1985); Commonwealth v. Edmunds, 526 Pa. 374, 376, 586 A. 2d 887,

888 (1991); State v. Oakes, 157 Vt. 171, 173, 598 A. 2d 119, 121 (1991); State v. Afana, 169 Wash. 2d 169, 184, 233 P. 3d 879, 886 (2010); see also People v. Krueger, 175 Ill. 2d 60, 61, 76, 675 N. E. 2d 604, 606, 612 (1996) (limiting the exception to situations where police have a warrant).

 

Fourth Amendment violation and the remedy for that violation. Davis, 564 U. S., at ___ (slip op., at 14).

 In short, there is nothing in our case law requiring us to hold that a reasonable mistake of law can justify a seizure under the Fourth Amendment, and quite a bit suggesting just the opposite. I also see nothing to be gained from such a holding, and much to be lost.

III

 In reaching the contrary conclusion, the Court makes both serious legal and practical errors.  On the legal side, the Court barely addresses Ornelas and the other cases that frame the reasonableness inquiry around factual determinations. Instead, in support of its conclusion that reasonable suspicion “arises from the combination of an officer’s understanding of the facts and his understanding of the relevant law,” ante, at 6 (emphasis added), the Court first reaches to founding-era customs statutes and cases applying those statutes.  It concedes, however, that these cases are “not directly on point” because they say nothing about the scope of the Fourth Amendment and are instead equivalents of our modern-day qualified immunity jurisprudence for civil damages.  Ante, at 7.

 The only link in the tenuous chain the Court constructs between those cases and this one that has anything to say about the Fourth Amendment is Brinegar v. United States, 338 U. S. 160 (1949). See ante, at 8.  But all that our opinion in Brinegar actually says is that probable cause exists where “‘the facts and circumstances within [the           officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that’ an offense has been or is being committed.”  338 U. S., at 175–176 (quoting Carroll v. United States, 267 U. S. 132, 162 (1925)). It thus states the uncontroversial proposition that the probable-cause inquiry looks to the reasonableness of an officer’s understanding of the facts.  Indeed, Brinegar is an odd case for the Court to rely on given that, like the cases I discussed above, it subsequently emphasizes that “the mistakes must be those of reasonable men, acting on facts leading sensibly to their conclusions of probability.” 338 U. S., at 176 (emphasis added).  Again, reasonable understandings of the facts, not reasonable understandings of what the law says.[3]  

 Further, the Court looks to our decision in Michigan v. DeFillippo, 443 U. S. 31 (1979).  This is a Fourth Amendment case, but the Court’s reading of it imagines a holding that is not rooted in the logic of the opinion. We held in DeFillippo that an officer had probable cause to support an arrest even though the ordinance that had allegedly been violated was later held by the Michigan Court of Appeals to be unconstitutional. This was so, we explained, because the officer conducted an arrest after having observed conduct that was criminalized by a presumptively valid law at the time of that conduct. See id., at 37 (“At th[e] time [of the arrest], of course, there was no controlling precedent that this ordinance was or was not constitutional, and hence the conduct observed violated a presumptively valid ordinance”).  We noted that it would have been wrong for that officer not to enforce the law in that sit- uation. See id., at 38 (“Police are charged to enforce laws until and unless they are declared unconstitutional.  . . .  Society would be ill-served if its police officers took it upon themselves to determine which laws are and which are not constitutionally entitled to enforcement”).  DeFillippo thus did not involve any police “mistake” at all. Rather, DeFillippo involved a police officer correctly applying the law that was then in existence and that carried with it a presumption of validity.  Here, by contrast, police stopped Heien on suspicion of committing an offense that never actually existed.  Given that our holding in DeFillippo relied so squarely on the existence of a law criminalizing the defendant’s conduct, and on the presumption of validity that attends actual laws, it can hardly be said to control where, as here, no law ever actually criminalized Heien’s conduct.

 On the practical side, the Court primarily contends that an officer may confront “a situation in the field as to which the application of a statute is unclear.”  Ante, at 11. One is left to wonder, however, why an innocent citizen should be made to shoulder the burden of being seized whenever the law may be susceptible to an interpretive question.  Moreover, the Court fails to reconcile its belief that the Fourth Amendment gives officers leeway to address situations where the application of a criminal statute may be unclear with our prior assumption that the Fourth Amendment does not give officers such leeway where they rely on a statute that authorizes police conduct that may violate the Fourth Amendment.  See Illinois v. Krull, 480 U. S. 340, 355, n. 12, 359 (1987).  Nor does it engage with the analytic consequences of North Carolina’s similar concession that it does not mean to claim “that an officer’s mistaken understanding of the Fourth Amendment itself can support a seizure if that understanding was reason- able.” Brief for Respondent 29.  It is not clear why an officer’s mistaken understanding of other laws should be viewed differently.

 While I appreciate that the Court has endeavored to set some bounds on the types of mistakes of law that it thinks will qualify as reasonable, and while I think that the set of reasonable mistakes of law ought to be narrowly circumscribed if they are to be countenanced at all, I am not at all convinced that the Court has done so in a clear way.  It seems to me that the difference between qualified immunity’s reasonableness standard—which the Court insists without elaboration does not apply here—and the Court’s conception of reasonableness in this context—which remains undefined—will prove murky in application.  See ante, at 11. I fear the Court’s unwillingness to sketch a fuller view of what makes a mistake of law reasonable only presages the likely difficulty that courts will have applying the Court’s decision in this case.

*  *  *

 To my mind, the more administrable approach—and the one more consistent with our precedents and principles— would be to hold that an officer’s mistake of law, no matter how reasonable, cannot support the individualized suspicion necessary to justify a seizure under the Fourth Amendment. I respectfully dissent.

 

[1] I note in addition, as does the Court, that one kind of mistaken legal judgment—an error about the contours of the Fourth Amendment itself—can never support a search or seizure.  See ante, at 10 (“An officer’s mistaken view that” conduct does “not give rise to” a Fourth Amendment violation, “no matter how reasonable,” cannot change a court’s “ultimate conclusion” that such a violation has occurred).  As the Solicitor General has explained, mistakes about the requirements of the Fourth Amendment “violate the Fourth Amendment even when they are reasonable.”  Brief for United States as Amicus Curiae 30, n. 3; see Brief for Respondent 29 (stating the same view).

[2] Every other Circuit to have squarely addressed the question has held that police mistakes of law are not a factor in the reasonableness inquiry. See United States v. Miller, 146 F. 3d 274, 279 (CA5 1998); United States v. McDonald, 453 F. 3d 958, 962 (CA7 2006); United States v. King, 244 F. 3d 736, 741 (CA9 2001); United States v. Nicholson, 721 F. 3d 1236, 1244 (CA10 2013); United States v. Chanthasouxat, 342 F. 3d 1271, 1279–1280 (CA11 2003).  Five States have agreed.  See Hilton v. State, 961 So. 2d 284, 298 (Fla. 2007); State v. Louwrens, 792 N. W. 2d 649, 652 (Iowa 2010); Martin v. Kansas Dept. of Revenue, 285 Kan. 625, 637–639, 176 P. 3d 938, 948 (2008); State v. Anderson, 683 N. W. 2d 818, 823–824 (Minn. 2004);  State v. Lacasella, 313 Mont. 185, 193–195, 60 P. 3d 975, 981–982 (2002).

[3] The Court in fact errs even earlier in the chain when it represents United States v. Riddle, 5 Cranch 311 (1809), as containing some broad proposition. Ante, at 6–7. As Justice Story explained in a later case, the tolerance of mistakes of law in cases like Riddle was a result of the specific customs statute that Congress had enacted.  The Apollon, 9 Wheat. 362, 373 (1824) (explaining that findings of probable cause “ha[d] never been supposed to excuse any seizure, except where some statute creates and defines the exemption from damages” (emphasis added)).