Illinois v. Wardlow, 528 U.S. 119, 19 (2000)

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Cite as: 528 U. S. 119 (2000)

Opinion of Stevens, J.

II

Guided by that totality-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 caravaning eastbound down Van Buren." Id., at 8. Nolan first observed respondent "in front of 4035 West Van Buren." 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,

14 At the suppression hearing, the State failed to present testimony as to the time of respondent's arrest. The Illinois Supreme Court, however, took notice of the time recorded in Officer Nolan's arrest report. See 183 Ill. 2d, at 308, n. 1, 701 N. E. 2d, at 485, n. 1.

15 The population of the 11th district is over 98,000 people. See Brief for the National Association of Police Organizations et al. as Amici Curiae App. II.

137

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