6 Probable Cause 6 Probable Cause

6.1 What does “probable cause” mean? 6.1 What does “probable cause” mean?

Probable cause is an evidentiary standard that is difficult to quantify.  SCOTUS said PC exists when “there is a fair probability that contraband or evidence of a crime will be found in a particular place."  Relative to other standards in our criminal justice system, probable cause requires more proof than reasonable suspicion, and less than preponderance of the evidence.

Here is a brief description of the standards at work from lowest to highest.

  • hunch - will not support any action on the part of the government.
  • Reasonable suspicion - level of proof necessary to sustain a temporary seizure,
  • probable cause - level of proof necessary to seize a person (arrest), issue a warrant, or maintain and continue a felony prosecution.
  • Preponderance of the evidence - determines who prevails in a civil case. (50/50)
  • Clear and convincing evidence - level of proof necessary to deprive someone of their children or licensed livelihood.
  • Beyond a reasonable doubt - level of proof necessary to sustain a conviction in criminal court.

Let's look at some cases that determine what probable cause is.

 

6.2 ILLINOIS v. GATES et ux. 6.2 ILLINOIS v. GATES et ux.

ILLINOIS v. GATES et ux.

No. 81-430.

Argued October 13, 1982

Reargued March 1, 1983

Decided June 8, 1983

*215Rehnquist, J., delivered the opinion of the Court, in which Burger, C. J., and Blackmun, Powell, and O’Connor, JJ., joined. White, J., filed an opinion concurring in the judgment, post, p. 246. Brennan, J., filed a dissenting opinion, in which Marshall, J., joined, post, p. 274. Stevens, J., filed a dissenting opinion, in which Brennan, J., joined, post, p. 291.

Paul P. Biebel, Jr., First Assistant Attorney General of Illinois, reargued the cause for petitioner. With him on the briefs on reargument were Tyrone C. Fakner, former Attorney General, Neil F. Hartigan, Attorney General, Michael A. Ficaro and Morton E. Friedman, Assistant Attorneys General, Daniel M. Harris, and James B. Zagel. With him on the briefs on the original argument were Messrs. Fahner and Harris.

Solicitor General Lee argued the cause on reargument for the United States as amicus curiae urging reversal. With him on the brief on reargument were Assistant Attorney General Jensen, Deputy Solicitor General Frey, Kathryn A. Oberly, Geoffrey S. Stewart, and RobeH J. Erickson. With him on the brief on the original argument were Mr. Jensen, Alan I. Horowitz, and David B. Smith.

James W. Reilley reargued the cause for respondents. With him on the brief on reargument were Barry E. Witlin and Thomas Y. Davies. With him on the brief on the original argument were Mr. Witlin, Allan A. Ackerman, and Clyde W. Woody. *

*216Justice Rehnquist

delivered the opinion of the Court.

Respondents Lance and Susan Gates were indicted for violation of state drug laws after police officers, executing a search warrant, discovered marihuana and other contraband in their automobile and home. Prior to trial the Gateses moved to suppress evidence seized during this search. The Illinois Supreme Court affirmed the decisions of lower state courts granting the motion. 85 Ill. 2d 376, 423 N. E. 2d 887 (1981). ■ It held that the affidavit submitted in support of the State’s application for a warrant to search the Gateses’ prop*217erty was inadequate under this Court’s decisions in Aguilar v. Texas, 378 U. S. 108 (1964), and Spinelli v. United States, 393 U. S. 410 (1969).

We granted certiorari to consider the application of the Fourth Amendment to a magistrate’s issuance of a search warrant on the basis of a partially corroborated anonymous informant’s tip. 454 U. S. 1140 (1982). After receiving briefs and hearing oral argument on this question, however, we requested the parties to address an additional question:

“[Wjhether the rule requiring the exclusion at a criminal trial of evidence obtained in violation of the Fourth Amendment, Mapp v. Ohio, 367 U. S. 643 (1961); Weeks v. United States, 232 U. S. 383 (1914), should to any extent be modified, so as, for example, not to require the exclusion of evidence obtained in the reasonable belief that the search and seizure at issue was consistent with the Fourth Amendment.” 459 U. S. 1028 (1982).

We decide today, with apologies to all, that the issue we framed for the parties was not presented to the Illinois courts and, accordingly, do not address it. Rather, we consider the question originally presented in the petition for certiorari, and conclude that the Illinois Supreme Court read the requirements of our Fourth Amendment decisions too restrictively. Initially, however, we set forth our reasons for not addressing the question regarding modification of the exclusionary rule framed in our order of November 29,1982. Ibid.

HH

Our certiorari jurisdiction over decisions from state courts derives from 28 U. S. C. § 1257, which provides that “[f]inal judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court as follows: ... (3) By writ of certiorari, . . . where any title, right, privilege or immunity is specially set up or claimed under the Constitution, treaties or statutes *218of... the United States.” The provision derives, albeit with important alterations, see, e. g., Act of Dec. 23, 1914, ch. 2, 38 Stat. 790; Act of June 25, 1948, § 1257, 62 Stat. 929, from the Judiciary Act of 1789, § 25, 1 Stat. 85.

Although we have spoken frequently on the meaning of §1257 and its predecessors, our decisions are in some respects not entirely clear. We held early on that § 25 of the Judiciary Act of 1789 furnished us with no jurisdiction unless a federal question had been both raised and decided in the state court below. As Justice Story wrote in Crowell v. Randell, 10 Pet. 368, 392 (1836): “If both of these requirements do not appear on the record, the appellate jurisdiction fails.” See also Owings v. Norwood’s Lessee, 5 Cranch 344 (1809).1

More recently, in McGoldrick v. Compagnie Generale Transatlantique, 309 U. S. 430, 434-435 (1940), the Court observed:

“But it is also the settled practice of this Court, in the exercise of its appellate jurisdiction, that it is only in exceptional cases, and then only in cases coming from the federal courts, that it considers questions urged by a petitioner or appellant not pressed or passed upon in the courts below.... In cases coming here from state courts in which a state statute is assailed as unconstitutional, there are reasons of peculiar force which should lead us to refrain from deciding questions not presented or decided in the highest court of the state whose judicial action we are called upon to review. Apart from the *219reluctance with which every court should proceed to set aside legislation as unconstitutional on grounds not properly presented, due regard for the appropriate relationship of this Court to state courts requires us to decline to consider and decide questions affecting the validity of state statutes not urged or considered there. It is for these reasons that this Court, where the constitutionality of a statute has been upheld in the state court, consistently refuses to consider any grounds of attack not raised or decided in that court.”

Finally, the Court seemed to reaffirm the jurisdictional character of the rule against our deciding claims “not pressed nor passed upon” in state court in State Farm Mutual Automobile Ins. Co. v. Duel, 324 U. S. 154, 160 (1945), where we explained that “[sjince the [State] Supreme Court did not pass on the question, we may not do so.” See also Hill v. California, 401 U. S. 797, 805-806 (1971).

Notwithstanding these decisions, however, several of our more recent cases have treated the so-called “not pressed or passed upon below” rule as merely a prudential restriction. In Terminiello v. Chicago, 337 U. S. 1 (1949), the Court reversed a state criminal conviction on a ground not urged in state court, nor even in this Court. Likewise, in Vachon v. New Hampshire, 414 U. S. 478 (1974), the Court summarily reversed a state criminal conviction on the ground, not raised in state court, or here, that it had been obtained in violation of the Due Process Clause of the Fourteenth Amendment. The Court indicated in a footnote, id., at 479, n. 3, that it possessed discretion to ignore the failure to raise in state court the question on which it decided the case.

In addition to this lack of clarity as to the character of the “not pressed or passed upon below” rule, we have recognized that it often may be unclear whether the particular federal question presented in this Court was raised or passed upon below. In Dewey v. Des Moines, 173 U. S. 193, 197-198 (1899), the fullest treatment of the subject, the Court said *220that “[i]f the question were only an enlargement of the one mentioned in the assignment of errors, or if it were so connected with it in substance as to form but another ground or reason for alleging the invalidity of the [lower court’s] judgment, we should have no hesitation in holding the assignment sufficient to permit the question to be now raised and argued. Parties are not confined here to the same arguments which were advanced in the courts below upon a Federal question there discussed.”2 We have not attempted, and likely would not have been able, to draw a clear-cut line between cases involving only an “enlargement” of questions presented below and those involving entirely new questions.

The application of these principles in the instant case is not entirely straightforward. It is clear in this case that respondents expressly raised, at every level of the Illinois judicial system, the claim that the Fourth Amendment had been violated by the actions of the Illinois police and that the evidence seized by the officers should be excluded from their trial. It also is clear that the State challenged, at every level of the Illinois court system, respondents’ claim that the substantive requirements of the Fourth Amendment had been violated. The State never, however, raised or addressed the question whether the federal exclusionary rule should be modified in any respect, and none of the opinions of the *221Illinois courts give any indication that the question was considered.

The case, of course, is before us on the State’s petition for a writ of certiorari. Since the Act of Dec. 23, 1914, ch. 2, 38 Stat. 790, jurisdiction has been vested in this Court to review state-court decisions even when a claimed federal right has been upheld. Our prior decisions interpreting the “not pressed or passed on below” rule have not, however, involved a State’s failure to raise a defense to a federal right or remedy asserted below. As explained below, however, we can see no reason to treat the State’s failure to have challenged an asserted federal claim differently from the failure of the proponent of a federal claim to have raised that claim.

We have identified several purposes underlying the “not pressed or passed upon” rule: for the most part, these are as applicable to the State’s failure to have opposed the assertion of a particular federal right, as to a party’s failure to have asserted the claim. First, “[questions not raised below are those on which the record is very likely to be inadequate since it certainly was not compiled with those questions in mind.” Cardinale v. Louisiana, 394 U. S. 437, 439 (1969). Exactly the same difficulty exists when the State urges modification of an existing constitutional right or accompanying remedy. Here, for example, the record contains little, if anything, regarding the subjective good faith of the police officers that searched the Gateses’ property — which might well be an important consideration in determining whether to fashion a good-faith exception to the exclusionary rule. Our consideration of whether to modify the exclusionary rule plainly would benefit from a record containing such facts.

Likewise, “due regard for the appropriate relationship of this Court to state courts,” McGoldrick v. Compagnie Generale Transatlantique, 309 U. S., at 434-435, demands that those courts be given an opportunity to consider the constitutionality of the actions of state officials, and, equally important, proposed changes in existing remedies for uncon*222stitutional actions. Finally, by requiring that the State first argue to the state courts that the federal exclusionary rule should be modified, we permit a state court, even if it agrees with the State as a matter of federal law, to rest its decision on an adequate and independent state ground. See Cardinale, supra, at 439. Illinois, for example, adopted an exclusionary rule as early as 1923, see People v. Brocamp, 307 Ill. 448, 138 N. E. 728 (1923), and might adhere to its view even if it thought we would conclude that the federal rule should be modified. In short, the reasons supporting our refusal to hear federal claims not raised in state court apply with equal force to the State’s failure to challenge the availability of a well-settled federal remedy. Whether the “not pressed or passed upon below” rule is jurisdictional, as our earlier decisions indicate, see supra, at 217-219, or prudential, as several of our later decisions assume, or whether its character might be different in cases like this from its character elsewhere, we need not decide. Whatever the character of the rule may be, consideration of the question presented in our order of November 29, 1982, would be contrary to the sound justifications for the “not pressed or passed upon below” rule, and we thus decide not to pass on the issue.

The fact that the Illinois courts affirmatively applied the federal exclusionary rule — suppressing evidence against respondents — does not affect our conclusion. In Morrison v. Watson, 154 U. S. 111 (1894), the Court was asked to consider whether a state statute impaired the plaintiff in error’s contract with the defendant in error. It declined to hear the case because the question presented here had not been pressed or passed on below. The Court acknowledged that the lower court’s opinion had restated the conclusion, set forth in an earlier decision of that court, that the state statute did not impermissibly impair contractual obligations. Nonetheless, it held that there was no showing that “there was any real contest at any stage of this case upon the point,” id., at 115, and that without such a contest, the routine restate*223ment and application of settled law by an appellate court did not satisfy the “not pressed or passed upon below” rule. Similarly, in the present case, although the Illinois courts applied the federal exclusionary rule, there was never “any real contest” upon the point. The application of the exclusionary rule was merely a routine act, once a violation of the Fourth Amendment had been found, and not the considered judgment of the Illinois courts on the question whether application of a modified rule would be warranted on the facts of this case. In such circumstances, absent the adversarial dispute necessary to apprise the state court of the arguments for not applying the exclusionary rule, we will not consider the question whether the exclusionary rule should be modified.

Likewise, we do not believe that the State’s repeated opposition to respondents’ substantive Fourth Amendment claims suffices to have raised the question whether the exclusionary rule should be modified. The exclusionary rule is “a judicially created remedy designed to safeguard Fourth Amendment rights generally” and not “a personal constitutional right of the party aggrieved.” United States v. Calandra, 414 U. S. 338, 348 (1974). The question whether the exclusionary rule’s remedy is appropriate in a particular context has long been regardéd as an issue separate from the question whether the Fourth Amendment rights of the party seeking to invoke the rule were violated by police conduct. See, e. g., United States v. Havens, 446 U. S. 620 (1980); United States v. Ceccolini, 435 U. S. 268 (1978); United States v. Calandra, supra; Stone v. Powell, 428 U. S. 465 (1976). Because of this distinction, we cannot say that modification or abolition of the exclusionary rule is “so connected with [the substantive Fourth Amendment right at issue] as to form but another ground or reason for alleging the invalidity” of the judgment. Dewey v. Des Moines, 173 U. S., at 197-198. Rather, the rule’s modification was, for purposes of the “not pressed or passed upon below” rule, a separate claim that had to be specifically presented to the state courts.

*224Finally, weighty prudential considerations militate against our considering the question presented in our order of November 29, 1982. The extent of the continued vitality of the rules that have developed from our decisions in Weeks v. United States, 232 U. S. 383 (1914), and Mapp v. Ohio, 367 U. S. 643 (1961), is an issue of unusual significance. Sufficient evidence of this lies just in the comments on the issue that Members of this Court recently have made, e. g., Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388, 415 (1971) (Burger, C. J., dissenting); Coolidge v. New Hampshire, 403 U. S. 443, 490 (1971) (Harlan, J., concurring); id., at 502 (Black, J., dissenting); Stone v. Powell, supra, at 537-539 (White, J., dissenting); Brewer v. Williams, 430 U. S. 387, 413-414 (1977) (Powell, J., concurring); Robbins v. California, 453 U. S. 420, 437, 443-444 (1981) (Rehnquist, J., dissenting). Where difficult issues of great public importance are involved, there are strong reasons to adhere scrupulously to the customary limitations on our discretion. By doing so we “promote respect... for the Court’s adjudicatory process [and] the stability of [our] decisions.” Mapp v. Ohio, 367 U. S., at 677 (Harlan, J., dissenting). Moreover, fidelity to the rule guarantees that a factual record will be available to us, thereby discouraging the framing of broad rules, seemingly sensible on one set of facts, which may prove ill-considered in other circumstances. In Justice Harlan’s words, adherence to the rule lessens the threat of “untoward practical ramifications,” id., at 676 (dissenting opinion), not foreseen at the time of decision. The public importance of our decisions in Weeks and Mapp and the emotions engendered by the debate surrounding these decisions counsel that we meticulously observe our customary procedural rules. By following this course, we promote respect for the procedures by which our decisions are rendered, as well as confidence in the stability of prior decisions. A wise exercise of the powers confided in this Court dictates that we reserve for another day the question whether the exclusionary rule should be modified.

*225l-H H — (

We now turn to the question presented in the State’s original petition for certiorari, which requires us to decide whether respondents’ rights under the Fourth and Fourteenth Amendments were violated by the search of their car and house. A chronological statement of events usefully introduces the issues at stake. Bloomingdale, Ill., is a suburb of Chicago located in Du Page County. On May 3, 1978, the Bloomingdale Police Department received by mail an anonymous handwritten letter which read as follows:

“This letter is to inform you that you have a couple in your town who strictly make their living on selling drugs. They are Sue and Lance Gates, they live on Greenway, off Bloomingdale Rd. in the condominiums. Most of their buys are done in Florida. Sue his wife drives their car to Florida, where she leaves it to be loaded up with drugs, then Lance flys down and drives it back. Sue flys back after she drops the car off in Florida. May 3 she is driving down there again and Lance will be flying down in a few days to drive it back. At the time Lance drives the car back he has the trunk loaded with over $100,000.00 in drugs. Presently they have over $100,000.00 worth of drugs in their basement.
“They brag about the fact they never have to work, and make their entire living on pushers.
“I guarantee if you watch them carefully you will make a big catch. They are friends with some big drugs dealers, who visit their house often.
“Lance & Susan Gates
“Greenway
“in Condominiums”

The letter was referred by the Chief of Police of the Bloomingdale Police Department to Detective Mader, who decided to pursue the tip. Mader learned, from the office of the Illinois Secretary of State, that an Illinois driver’s license had *226been issued to one Lance Gates, residing at a stated address in Bloomingdale. He contacted a confidential informant, whose examination of certain financial records revealed a more recent address for the Gateses, and he also learned from a police officer assigned to O'Hare Airport that “L. Gates” had made a reservation on Eastern Airlines Flight 245 to West Palm Beach, Fla., scheduled to depart from Chicago on May 5 at 4:15 p. m.

Mader then made arrangements with an agent of the Drug Enforcement Administration for surveillance of the May 5 Eastern Airlines flight. The agent later reported to Mader that Gates had boarded the flight, and that federal agents in Florida had observed him arrive in West Palm Beach and take a taxi to the nearby Holiday Inn. They also reported that Gates went to a room registered to one Susan Gates and that, at 7 o’clock the next morning, Gates and an unidentified woman left the motel in a Mercury bearing Illinois license plates and drove northbound on an interstate highway frequently used by travelers to the Chicago area. In addition, the DEA agent informed Mader that the license plate number on the Mercury was registered to a Hornet station wagon owned by Gates. The agent also advised Mader that the driving time between West Palm Beach and Bloomingdale was approximately 22 to 24 hours.

Mader signed an affidavit setting forth the foregoing facts, and submitted it to a judge of the Circuit Court of Du Page County, together with a copy of the anonymous letter. The judge of that court thereupon issued a search warrant for the Gateses' residence and for their automobile. The judge, in deciding to issue the warrant, could have determined that the modus operandi of the Gateses had been substantially corroborated. As the anonymous letter predicted, Lance Gates had flown from Chicago to West Palm Beach late in the afternoon of May 5th, had checked into a hotel room registered in the name of his wife, and, at 7 o’clock the following morning, had headed north, accompanied by an unidentified woman, *227out of West Palm Beach on an interstate highway used by travelers from South Florida to Chicago in an automobile bearing a license plate issued to him.

At 5:15 a. m. on March 7, only 36 hours after he had flown out of Chicago, Lance Gates, and his wife, returned to their home in Bloomingdale, driving the car in which they had left West Palm Beach some 22 hours earlier. The Bloomingdale police were awaiting them, searched the trunk of the Mercury, and uncovered approximately 350 pounds of marihuana. A search of the Gateses’ home revealed marihuana, weapons, and other contraband. The Illinois Circuit Court ordered suppression of all these items, on the ground that the affidavit submitted to the Circuit Judge failed to support the necessary determination of probable cause to believe that the Gateses’ automobile and home contained the contraband in question. This decision was affirmed in turn by the Illinois Appellate Court, 82 Ill. App. 3d 749, 403 N. E. 2d 77 (1980), and by a divided vote of the Supreme Court of Illinois. 85 Ill. 2d 376, 423 N. E. 2d 887 (1981).

The Illinois Supreme Court concluded — and we are inclined to agree — that, standing alone, the anonymous letter sent to the Bloomingdale Police Department would not provide the basis for a magistrate’s determination that there was probable cause to believe contraband would be found in the Gateses’ car and home. The letter provides virtually nothing from which one might conclude that its author is either honest or his information reliable; likewise, the letter gives absolutely no indication of the basis for the writer’s predictions regarding the Gateses’ criminal activities. Something more was required, then, before a magistrate could conclude that there was probable cause to believe that contraband would be found in the Gateses’ home and car. See Aguilar v. Texas, 378 U. S., at 109, n. 1; Nathanson v. United States, 290 U. S. 41 (1933).

The Illinois Supreme Court also properly recognized that Detective Mader’s affidavit might be capable of supplement*228ing the anonymous letter with information sufficient to permit a determination of probable cause. See Whiteley v. Warden, 401 U. S. 560, 567 (1971). In holding that the affidavit in fact did not contain sufficient additional information to sustain a determination of probable cause, the Illinois court applied a “two-pronged test,” derived from our decision in Spinelli v. United States, 393 U. S. 410 (1969).3 The Illinois Supreme Court, like some others, apparently understood Spinelli as requiring that the anonymous letter satisfy each of two independent requirements before it could be relied on. 85 Ill. 2d, at 383, 423 N. E. 2d, at 890. According to this view, the letter, as supplemented by Mader’s affidavit, first had to adequately reveal the “basis of knowledge” of the letterwriter — the particular means by which he came by the information given in his report. Second, it had to pro*229vide facts sufficiently establishing either the “veracity” of the affiant’s informant, or, alternatively, the “reliability” of the informant’s report in this particular case.

The Illinois court, alluding to an elaborate set of legal rules that have developed among various lower courts to enforce the “two-pronged test,”4 found that the test had not been satisfied. First, the “veracity” prong was not satisfied because, “[t]here was simply no basis [for] concluding] that the anonymous person [who wrote the letter to the Bloomingdale Police Department] was credible.” Id., at 385, 423 N. E. 2d, at 891. The court indicated that corroboration by police of details contained in the letter might never satisfy the “veracity” prong, and in any event, could not do so if, as in the present case, only “innocent” details are corroborated. Id., at 390, 423 N. E. 2d, at 893. In addition, the letter gave no indication of the basis of its writer’s knowledge of the *230Gateses’ activities. The Illinois court understood Spinelli as permitting the detail contained in a tip to be used to infer that the informant had a reliable basis for his statements, but it thought that the anonymous letter failed to provide sufficient detail to permit such an inference. Thus, it concluded that no showing of probable cause had been made.

We agree with the Illinois Supreme Court that an informant’s “veracity,” “reliability,” and “basis of knowledge” are all highly relevant in determining the value of his report. We do not agree, however, that these elements should be understood as entirely separate and independent requirements to be rigidly exacted in every case,5 which the opinion of the Supreme Court of Illinois would imply. Rather, as detailed below, they should be understood simply as closely intertwined issues that may usefully illuminate the commonsense, practical question whether there is “probable cause” to believe that contraband or evidence is located in a particular place.

Ill

This totality-of-the-circumstances approach is far more consistent with our prior treatment of probable cause6 than *231is any rigid demand that specific “tests” be satisfied by every informant’s tip. Perhaps the central teaching of our decisions bearing on the probable-cause standard is that it is a “practical, nontechnical conception.” Brinegar v. United States, 338 U. S. 160, 176 (1949). “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.” Id., at 175. Our observation in United States v. Cortez, 449 U. S. 411, 418 (1981), regarding “particularized suspicion,” is also applicable to the probable-cause standard:

“The process does not deal with hard certainties, but with probabilities. Long before the law of probabilities was articulated as such, practical people formulated certain common-sense conclusions about human behavior; jurors as factfinders are permitted to do the same — and *232so are law enforcement officers. Finally, the evidence thus collected must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement.”

As these comments illustrate, probable cause is a fluid concept — turning on the assessment of probabilities in particular factual contexts — not readily, or even usefully, reduced to a neat set of legal rules. Informants’ tips doubtless come in many shapes and sizes from many different types of persons. As we said in Adams v. Williams, 407 U. S. 143, 147 (1972): “Informants’ tips, like all other clues and evidence coming to a policeman on the scene, may vary greatly in their value and reliability.” Rigid legal rules are ill-suited to an area of such diversity. “One simple rule will not cover every situation.” Ibid. 7

*233Moreover, the “two-pronged test” directs analysis into two largely independent channels — the informant’s “veracity” or “reliability” and his “basis of knowledge.” See nn. 4 and 5, supra. There are persuasive arguments against according these two elements such independent status. Instead, they are better understood as relevant considerations in the totality-of-the-circumstances analysis that traditionally has guided probable-cause determinations: a deficiency in one may be compensated for, in determining the overall reliability of a tip, by a strong showing as to the other, or by some other indicia of reliability. See, e. g., Adams v. Williams, supra, at 146-147; United States v. Harris, 403 U. S. 573 (1971).

If, for example, a particular informant is known for the unusual reliability of his predictions of certain types of criminal activities in a locality, his failure, in a particular case, to thoroughly set forth the basis of his knowledge surely should not serve as an absolute bar to a finding of probable cause based on his tip. See United States v. Sellers, 483 F. 2d 37 (CA5 1973).8 Likewise, if an unquestionably honest citizen comes forward with a report of criminal activity — which if fabricated would subject him to criminal liability — we have found *234rigorous scrutiny of the basis of his knowledge unnecessary. Adams v. Williams, supra. Conversely, even if we entertain some doubt as to an informant’s motives, his explicit and detailed description of alleged wrongdoing, along with a statement that the event was observed firsthand, entitles his tip to greater weight than might otherwise be the case. Unlike a totality-of-the-circumstances analysis, which permits a balanced assessment of the relative weights of all the various indicia of reliability (and unreliability) attending an informant’s tip, the “two-pronged test” has encouraged an excessively technical dissection of informants’ tips,9 with undue at*235tention being focused on isolated issues that cannot sensibly be divorced from the other facts presented to the magistrate.

As early as Locke v. United States, 7 Cranch 339, 348 (1813), Chief Justice Marshall observed, in a closely related context: “[T]he term ‘probable cause,’ according to its usual acceptation, means less than evidence which would justify condemnation .... It imports a seizure made under circumstances which warrant suspicion.” More recently, we said that “the quanta ... of proof” appropriate in ordinary judicial proceedings are inapplicable to the decision to issue a warrant. Brinegar, 338 U. S., at 173. Finely tuned standards such as proof beyond a reasonable doubt or by a preponderance of the evidence, useful in formal trials, have no place in the magistrate’s decision. While an effort to fix some general, numerically precise degree of certainty corresponding to “probable cause” may not be helpful, it is clear that “only the probability, and not a prima facie showing, of criminal activity is the standard of probable cause.” Spinelli, 393 U. S., at 419. See Model Code of Pre-Arraignment Procedure §210.1(7) (Prop. Off. Draft 1972); 1 W. LaFave, Search and Seizure § 3.2(e) (1978).

We also have recognized that affidavits “are normally drafted by nonlawyers in the midst and haste of a criminal investigation. Technical requirements of elaborate specificity once exacted under common law pleadings have no proper place in this area.” United States v. Ventresca, 380 U. S. 102, 108 (1965). Likewise, search and arrest warrants long have been issued by persons who are neither lawyers nor judges, and who certainly do not remain abreast of each judicial refinement of the nature of “probable cause.” See Shadwick v. City of Tampa, 407 U. S. 345, 348-350 (1972). The rigorous inquiry into the Spinelli prongs and the complex superstructure of evidentiary and analytical rules that some have seen implicit in our Spinelli decision, cannot be reconciled with the fact that many warrants are — quite properly, 407 U. S., at 348-350 — issued on the basis of nontechnical, *236common-sense judgments of laymen applying a standard less demanding than those used in more formal legal proceedings. Likewise, given the informal, often hurried context in which it must be applied, the “built-in subtleties,” Stanley v. State, 19 Md. App. 507, 528, 313 A. 2d 847, 860 (1974), of the “two-pronged test” are particularly unlikely to assist magistrates in determining probable cause.

Similarly, we have repeatedly said that after-the-fact scrutiny by courts of the sufficiency of an affidavit should not take the form of de novo review. A magistrate's “determination of probable cause should be paid great deference by reviewing courts.” Spinelli, supra, at 419. “A grudging or negative attitude by reviewing courts toward warrants,” Ventresca, 380 U. S., at 108, is inconsistent with the Fourth Amendment’s strong preference for searches conducted pursuant to a warrant; “courts should not invalidate warrants] by interpreting affidavits] in a hypertechnical, rather than a commonsense, manner.” Id., at 109.

If the affidavits submitted by police officers are subjected to the type of scrutiny some courts have deemed appropriate, police might well resort to warrantless searches, with the hope of relying on consent or some other exception to the Warrant Clause that might develop at the time of the search. In addition, the possession of a warrant by officers conducting an arrest or search greatly reduces the perception of unlawful or intrusive police conduct, by assuring “the individual whose property is searched or seized of the lawful authority of the executing officer, his need to search, and the limits of his power to search.” United States v. Chadwick, 433 U. S. 1, 9 (1977). Reflecting this preference for the warrant process, the traditional standard for review of an issuing magistrate’s probable-cause determination has been that so long as the magistrate had a “substantial basis for . . . concluding]” that a search would uncover evidence of wrongdoing, the Fourth Amendment requires no more. Jones v. United States, 362 U. S. 257, 271 (1960). See United States v. *237 Harris, 403 U. S., at 577-583.10 We think reaffirmation of this standard better serves the purpose of encouraging recourse to the warrant procedure and is more consistent with our traditional deference to the probable-cause determinations of magistrates than is the “two-pronged test.”

Finally, the direction taken by decisions following Spinelli poorly serves “[t]he most basic function of any government”: “to provide for the security of the individual and of his property.” Miranda v. Arizona, 384 U. S. 436, 539 (1966) (White, J., dissenting). The strictures that inevitably accompany the “two-pronged test” cannot avoid seriously impeding the task of law enforcement, see, e. g., n. 9, supra. If, as the Illinois Supreme Court apparently thought, that test must be rigorously applied in every case, anonymous tips would be of greatly diminished value in police work. Ordinary citizens, like ordinary witnesses, see Advisory Committee’s Notes on Fed. Rule Evid. 701, 28 U. S. C. App., p. 570, generally do not provide extensive recitations of the basis of their everyday observations. Likewise, as the Illinois Supreme Court observed in this case, the veracity of persons supplying anonymous tips is by hypothesis largely unknown, and unknowable. As a result, anonymous tips seldom could survive a rigorous application of either of the Spinelli prongs. Yet, such tips, particularly when supplemented by *238independent police investigation, frequently contribute to the solution of otherwise “perfect crimes.” While a conscientious assessment of the basis for crediting such tips is required by the Fourth Amendment, a standard that leaves virtually no place for anonymous citizen informants is not.

For all these reasons, we conclude that it is wiser to abandon the “two-pronged test” established by our decisions in Aguilar and Spinelli.11 In its place we reaffirm the totality-of-the-circumstances analysis that traditionally has informed probable-cause determinations. See Jones v. United States, supra; United States v. Ventresca, 380 U. S. 102 (1965); Brinegar v. United States, 338 U. S. 160 (1949). The task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, including the “veracity” and “basis of knowledge” of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of a reviewing court is simply to ensure that the magistrate had a “substantial basis for . . . concluding]” that probable cause *239existed. Jones v. United States, 362 U. S., at 271. We are convinced that this flexible, easily applied standard will better achieve the accommodation of public and private interests that the Fourth Amendment requires than does the approach that has developed from Aguilar and Spinelli.

Our earlier cases illustrate the limits beyond which a magistrate may not venture in issuing a warrant. A sworn statement of an affiant that “he has cause to suspect and does believe” that liquor illegally brought into the United States is located on certain premises will not do. Nathanson v. United States, 290 U. S. 41 (1933). An affidavit must provide the magistrate with a substantial basis for determining the existence of probable cause, and the wholly conclusory statement at issue in Nathanson failed to meet this requirement. An officer’s statement that “[a]ffiants have received reliable information from a credible person and do believe” that heroin is stored in a home, is likewise inadequate. Aguilar v. Texas, 378 U. S. 108 (1964). As in Nathanson, this is a mere conclusory statement that gives the magistrate virtually no basis at all for making a judgment regarding probable cause. Sufficient information must be presented to the magistrate to allow that official to determine probable cause; his action cannot be a mere ratification of the bare conclusions of others. In order to ensure that such an abdication of the magistrate’s duty does not occur, courts must continue to conscientiously review the sufficiency of affidavits on which warrants are issued. But when we move beyond the “bare bones” affidavits present in cases such as Nathanson and Aguilar, this area simply does not lend itself to a prescribed set of rules, like that which had developed from Spinelli. Instead, the flexible, common-sense standard articulated in Jones, Ventresca, and Brinegar better serves the purposes of the Fourth Amendment’s probable-cause requirement.

Justice Brennan’s dissent suggests in several places that the approach we take today somehow downgrades the *240role of the neutral magistrate, because Aguilar and Spinelli “preserve the role of magistrates as independent arbiters of probable cause . . . Post, at 287. Quite the contrary, we believe, is the case. The essential protection of the warrant requirement of the Fourth Amendment, as stated in Johnson v. United States, 333 U. S. 10 (1948), is in “requiring that [the usual inferences which reasonable men draw from evidence] be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.” Id., at 13-14. Nothing in our opinion in any way lessens the authority of the magistrate to draw such reasonable inferences as he will from the material supplied to him by applicants for a warrant; indeed, he is freer than under the regime of Aguilar and Spinelli to draw such inferences, or to refuse to draw them if he is so minded.

The real gist of Justice Brennan’s criticism seems to be a second argument, somewhat at odds with the first, that magistrates should be restricted in their authority to make probable-cause determinations by the standards laid down in Aguilar and Spinelli, and that such findings “should not be authorized unless there is some assurance that the information on which they are based has been obtained in a reliable way by an honest or credible person.” Post, at 283. However, under our opinion magistrates remain perfectly free to exact such assurances as they deem necessary, as well as those required by this opinion, in making probable-cause determinations. Justice Brennan would apparently prefer that magistrates be restricted in their findings of probable cause by the development of an elaborate body of case law dealing with the “veracity” prong of the Spinelli test, which in turn is broken down into two “spurs” — the informant’s “credibility” and the “reliability” of his information, together with the “basis of knowledge” prong of the Spinelli test. See n. 4, supra. That such a labyrinthine body of judicial refinement bears any relationship to familiar definitions of *241probable cause is hard to imagine. As previously noted, probable cause deals “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., at 175.

Justice Brennan’s dissent also suggests that “[w]ords such as ‘practical,’ ‘nontechnical,’ and ‘common sense,’ as used in the Court’s opinion, are but code words for an overly permissive attitude towards police practices in derogation of the rights secured by the Fourth Amendment.” Post, at 290. An easy, but not a complete, answer to this rather florid statement would be that nothing we know about Justice Rutledge suggests that he would have used the words he chose in Brinegar in such a manner. More fundamentally, no one doubts that “under our Constitution only measures consistent with the Fourth Amendment may be employed by government to cure [the horrors of drug trafficking],” post, at 290; but this agreement does not advance the inquiry as to which measures are, and which measures are not, consistent with the Fourth Amendment. “Fidelity” to the commands of the Constitution suggests balanced judgment rather than exhortation. The highest “fidelity” is not achieved by the judge who instinctively goes furthest in upholding even the most bizarre claim of individual constitutional rights, any more than it is achieved by a judge who instinctively goes furthest in accepting the most restrictive claims of governmental authorities. The task of this Court, as of other courts, is to “hold the balance true,” and we think we have done that in this case.

IV

Our decisions applying the totality-of-the-circumstances analysis outlined above have consistently recognized the value of corroboration of details of an informant’s tip by independent police work. In Jones v. United States, 362 U. S., at 269, we held that an affidavit relying on hearsay “is not to *242be deemed insufficient on that score, so long as a substantial basis for crediting the hearsay is presented.” We went on to say that even in making a warrantless arrest an officer “may rely upon information received through an informant, rather than upon his direct observations, so long as the informant’s statement is reasonably corroborated by other matters within the officer’s knowledge.” Ibid. Likewise, we recognized the probative value of corroborative efforts of police officials in Aguilar — the source of the “two-pronged test” — by observing that if the police had made some effort to corroborate the informant’s report at issue, “an entirely different case” would have been presented. Aguilar, 378 U. S., at 109, n. 1.

Our decision in Draper v. United States, 358 U. S. 307 (1959), however, is the classic case on the value of corroborative efforts of police officials. There, an informant named Hereford reported that Draper would arrive in Denver on a train from Chicago on one of two days, and that he would be carrying a quantity of heroin. The informant also supplied a fairly detailed physical description of Draper, and predicted that he would be wearing a light colored raincoat, brown slacks, and black shoes, and would be walking “real fast.” Id., at 309. Hereford gave no indication of the basis for his information.12

On one of the stated dates police officers observed a man matching this description exit a train arriving from Chicago; his attire and luggage matched Hereford’s report and he was *243walking rapidly. We explained in Draper that, by this point in his investigation, the arresting officer “had personally verified every facet of the information given him by Hereford except whether petitioner had accomplished his mission and had the three ounces of heroin on his person or in his bag. And surely, with every other bit of Hereford’s information being thus personally verified, [the officer] had ‘reasonable grounds’ to believe that the remaining unverified bit of Hereford’s information — that Draper would have the heroin with him — was likewise true,” id., at 313.

The showing of probable cause in the present case was fully as compelling as that in Draper. Even standing alone, the facts obtained through the independent investigation of Mader and the DEA at least suggested that the Gateses were involved in drug trafficking. In addition to being a popular vacation site, Florida is well known as a source of narcotics and other illegal drugs. See United States v. Mendenhall, 446 U. S. 544, 562 (1980) (Powell, J., concurring in part and concurring in judgment); DEA, Narcotics Intelligence Estimate, The Supply of Drugs to the U. S. Illicit Market From Foreign and Domestic Sources in 1980, pp. 8-9. Lance Gates’ flight to West Palm Beach, his brief, overnight stay in a motel, and apparent immediate return north to Chicago in the family car, conveniently awaiting him in West Palm Beach, is as suggestive of a prearranged drug run, as it is of an ordinary vacation trip.

In addition, the judge could rely on the anonymous letter, which had been corroborated in major part by Mader's efforts — just as had occurred in Draper. 13 The Supreme Court *244of Illinois reasoned that Draper involved an informant who had given reliable information on previous occasions, while the honesty and reliability of the anonymous informant in this case were unknown to the Bloomingdale police. While this distinction might be an apt one at the time the Police Department received the anonymous letter, it became far less significant after Mader’s independent investigative work occurred. The corroboration of the letter’s predictions that the Gateses’ car would be in Florida, that Lance Gates would fly to Florida in the next day or so, and that he would drive the car north toward Bloomingdale all indicated, albeit not with certainty, that the informant’s other assertions also were true. “[Bjecause an informant is right about some things, he is more probably right about other facts,” Spinelli, 393 U. S., at 427 (White, J., concurring) — including the claim regarding the Gateses’ illegal activity. This may well not be the type of “reliability” or “veracity” necessary to satisfy some views of the “veracity prong” of Spinelli, but we think it suffices for the practical, common-sense judgment called for in making a probable-cause determination. It is enough, for purposes of assessing probable cause, that “[corroboration through other sources of information reduced the *245chances of a reckless or prevaricating tale,” thus providing “a substantial basis for crediting the hearsay.” Jones v. United States, 362 U. S., at 269, 271.

Finally, the anonymous letter contained a range of details relating not just to easily obtained facts and conditions existing at the time of the tip, but to future actions of third parties ordinarily not easily predicted. The letterwriter’s accurate information as to the travel plans of each of the Gateses was of a character likely obtained only from the Gateses themselves, or from someone familiar with their not entirely ordinary travel plans. If the informant had access to accurate information of this type a magistrate could properly conclude that it was not unlikely that he also had access to reliable information of the Gateses’ alleged illegal activities.14 Of *246course, the Gateses’ travel plans might have been learned from a talkative neighbor or travel agent; under the “two-pronged test” developed from Spinelli, the character of the details in the anonymous letter might well not permit a sufficiently clear inference regarding the letterwriter’s “basis of knowledge.” But, as discussed previously, supra, at 235, probable cause does not demand the certainty we associate with formal trials. It is enough that there was a fair probability that the writer of the anonymous letter had obtained his entire story either from the Gateses or someone they trusted. And corroboration of major portions of the letter’s predictions provides just this probability. It is apparent, therefore, that the judge issuing the warrant had a “substantial basis for . . . conclud[ing]” that probable cause to search the Gateses’ home and car existed. The judgment of the Supreme Court of Illinois therefore must be

Reversed.

Justice White,

concurring in the judgment.

In my view, the question regarding modification of the exclusionary rule framed in our order of November 29, 1982, 459 U. S. 1028 (1982), is properly before us and should be addressed. I continue to believe that the exclusionary rule is an inappropriate remedy where law enforcement officials act in the reasonable belief that a search and seizure was consistent with the Fourth Amendment — a position I set forth in Stone v. Powell, 428 U. S. 465, 537-539 (1976). In this case, it was fully reasonable for the Bloomingdale, Ill., police to believe that their search of respondents’ house and automobile comported with the Fourth Amendment as the search was conducted pursuant to a judicially issued warrant. The *247exclusion of probative evidence where the constable has not blundered not only sets the criminal free but also fails to serve any constitutional interest in securing compliance with the important requirements of the Fourth Amendment. On this basis, I concur in the Court’s judgment that the decision of the Illinois Supreme Court must be reversed.

h — 1

The Court declines to address the exclusionary rule question because the Illinois courts were not invited to modify the rule in the first instance. The Court’s refusal to face this important question cannot be ascribed to jurisdictional limitations. I fully agree that the statute which gives us jurisdiction in this cause, 28 U. S. C. § 1257(3), prevents us from deciding federal constitutional claims raised here for the first time on review of state-court decisions. Cardinale v. Louisiana, 394 U. S. 437, 438-439 (1969). But it is equally well established that “ ‘[n]o particular form of words or phrases is essential, but only that the claim of invalidity and the ground therefor be brought to the attention of the state court with fair precision and in due time.’” Street v. New York, 394 U. S. 576, 584 (1969) (quoting New York ex rel. Bryant v. Zimmerman, 278 U. S. 63, 67 (1928)). Notwithstanding the select and controversial instances in which the Court has reversed a state-court decision for “plain error,”1 we have consistently dismissed for want of jurisdiction where the federal claim asserted in this Court was not raised below. But this obviously is not such a case. As the Court points out, “[i]t is clear in this case that respondents expressly raised, at every level of the Illinois judicial system, the claim that the Fourth Amendment had been violated by the actions of the Illinois *248police and that the evidence seized by the officers should be excluded from their trial.” Ante, at 220. Until today, we have not required more.

We have never suggested that the jurisdictional stipulations of § 1257 require that all arguments on behalf of, let alone in opposition to, a federal claim be raised and decided below.2 See R. Stern & E. Gressman, Supreme Court Practice 230 (5th ed. 1978). Dewey v. Des Moines, 173 U. S. 193 (1899), distinguished the raising of constitutional claims and the making of arguments in support of or in opposition to those claims.

“If the question were only an enlargement of the one mentioned in the assignment of errors, or if it were so connected with it in substance as to form but another ground or reason for alleging the invalidity of the personal judgment, we should have no hesitation in holding the assignment sufficient to permit the question to be now raised and argued.
“Parties are not confined here to the same arguments which were advanced in the courts below upon a Federal question there discussed.” Id., at 197-198 (emphasis added).3

*249Under Dewey, which the Court hails as the “fullest treatment of the subject,” ante, at 219, the exclusionary rule issue is but another argument pertaining to the Fourth Amendment question squarely presented in the Illinois courts.

The presentation and decision of respondents’ Fourth Amendment claim fully embraces the argument that due to the nature of the alleged Fourth Amendment violation, the seized evidence should not be excluded. Our decisions concerning the scope of the exclusionary rule cannot be divorced from the Fourth Amendment; they rest on the relationship of Fourth Amendment interests to the objectives of the criminal justice system. See, e. g., United States v. Ceccolini, 435 U. S. 268 (1978); Stone v. Powell, 428 U. S. 465 (1976).4 Similarly, the issues surrounding a proposed good-faith modification are intricately and inseverably tied to the nature of the Fourth Amendment violation: the degree of probable cause, the presence of a warrant, and the clarity of previously announced Fourth Amendment principles all inform the *250good-faith issue. The Court’s own holding that the duty of a reviewing court is simply to ensure that the magistrate had a “substantial basis” for concluding that probable cause existed, ante, at 244-245, is itself but a variation on the good-faith theme. See Brief for Petitioner on Reargument 4-26.

As a jurisdictional requirement, I have no doubt that the exclusionary rule question is before us as an indivisible element of the claim that the Constitution requires exclusion of certain evidence seized in violation of the Fourth Amendment. As a prudential matter, I am unmoved by the Court’s lengthy discourse as to why it must avoid the question. First, the Court turns on its head the axiom that “‘due regard for the appropriate relationship of this Court to state courts,’McGoldrick v. Compagnie Generale Transatlantique, 309 U. S., at 434-435, demands that those courts be given an opportunity to consider the constitutionality of the actions of state officials,” ante, at 221. This statement, written to explain why a state statute should not be struck down on federal grounds not raised in the state courts,5 hardly applies when the question is whether a rule of federal law articulated by this Court should now be narrowed to reduce the scope of federal intrusion into the State’s administration of criminal justice. Insofar as modifications of the federal exclusionary *251rule are concerned, the Illinois courts are bound by this Court’s pronouncements. Cf. Oregon v. Hass, 420 U. S. 714, 719 (1975). I see little point in requiring a litigant to request a state court to overrule or modify one of this Court’s precedents. Far from encouraging the stability of our precedents, the Court’s proposed practice could well undercut stare decisis. Either the presentation of such issues to the lower courts will be a completely futile gesture or the lower courts are now invited to depart from this Court’s decisions whenever they conclude such a modification is in order.6

The Court correctly notes that Illinois may choose to pursue a different course with respect to the state exclusionary rule. If this Court were to formulate a “good-faith” exception to the federal exclusionary rule, the Illinois Supreme Court would be free to consider on remand whether the state exclusionary rule should be modified accordingly. The possibility that it might have relied upon the state exclusionary rule had the “good-faith” question been posed does not constitute independent and adequate state grounds. “The possibility that the state court might have reached the same conclusion if it had decided the question purely as a matter of state law does not create an adequate and independent state ground that relieves this Court of the necessity of considering the federal question.” United Air Lines, Inc. v. Mahin, 410 U. S. 623, 630-631 (1973); Beecher v. Alabama, 389 U. S. 35, 37, n. 3 (1967); C. Wright, The Law of Federal Courts § 107, pp. 747-748 (4th ed. 1983). Nor does having the state court first decide whether the federal exclusionary rule should be modified — and presentation of the federal question does not insure that the equivalent state-law issue will be *252raised or decided7 — avoid the unnecessary decision of a federal question. The Court still must reach a federal question to decide the instant case. Thus, in today’s opinion, the Court eschews modification of the exclusionary rule in favor of interring the test established by Aguilar v. Texas, 378 U. S. 108 (1964), and Spinelli v. United States, 393 U. S. 410 (1969). Nor is the exclusionary rule question avoided — it is simply deferred until “another day.”

It also appears that the Court, in disposing of the case, does not strictly follow its own prudential advice. The Illinois Supreme Court found not only a violation of the Fourth Amendment but also of Article I, § 6, of the Illinois Constitution, which also provides assurance against unreasonable searches and seizures. Taking the Court’s new prudential standards on their own terms, the Illinois courts should be given the opportunity to consider in the first instance whether a “totality of the circumstances” test should replace the more precise rules of Aguilar and Spinelli. The Illinois Supreme Court may decide to retain the established test for purposes of the State Constitution just as easily as it could decide to retain an unmodified exclusionary rule.8

Finally, the Court correctly notes that a fully developed record is helpful if not indispensable for the decision of many issues. I too resist the decision of a constitutional question *253when such guidance is necessary, but the question of whether the exclusionary rule should be modified is an issue of law which obviously goes far beyond and depends little on the subjective good faith of the police officers that searched the Gateses’ property. Moreover, the case comes here with a fully developed record as to the actions of the Bloomingdale, Ill., police. If further factual development of whether the officers in this case acted in good faith were important, that issue should logically be considered on remand, following this Court’s statement of the proper legal standards.9

The Court’s straining to avoid coming to grips with the exclusionary rule issue today may be hard for the country to understand — particularly given earlier statements by some Members of the Court.10 The question has been fully briefed and argued by the parties and amici curiae, including the United States.11 The issue is central to the enforcement of law and the administration of justice throughout the Nation. The Court of Appeals for the second largest Federal Circuit *254has already adopted such an exception, United States v. Williams, 622 F. 2d 880 (CA5 1980) (en banc), cert. denied, 449 U. S. 1127 (1981), and the new Eleventh Circuit is presumably bound by its decision. Several Members of this Court have for some time expressed the need to consider modifying the exclusionary rule, ante, at 224, and Congress as well has been active in exploring the question. See The Exclusionary Rule Bills, Hearings on S. 101, S. 751, and S. 1995 before the Subcommittee on Criminal Law of the Senate Committee on the Judiciary, 97th Cong., 1st and 2d Sess. (1981-1982). At least one State has already enacted a good-faith exception. Colo. Rev. Stat. § 16-3-308 (Supp. 1982). Of course, if there is a jurisdictional barrier to deciding the issue, none of these considerations are relevant. But if no such procedural obstacle exists, I see it as our responsibility to end the uncertainty and decide whether the rule will be modified. The question of whether probable cause existed for the issuance of a warrant and whether the evidence seized must be excluded in this case should follow our reconsideration of the framework by which such issues, as they arise from the Fourth Amendment, are to be handled.

H

>

The exclusionary rule is a remedy adopted by this Court to effectuate the Fourth Amendment right of citizens “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . . Although early opinions suggested that the Constitution required exclusion of all illegally obtained evidence, the exclusionary rule “has never been interpreted to proscribe the introduction of illegally seized evidence in all proceedings or against all persons.” Stone v. Powell, 428 U. S., at 486. Because of the inherent trustworthiness of seized tangible evidence and the resulting social costs from its loss through suppression, appli*255cation of the exclusionary rule has been carefully “restricted to those areas where its remedial objectives are thought most efficaciously served.” United States v. Calandra, 414 U. S. 338, 348 (1974). Even at criminal trials the exclusionary rule has not been applied indiscriminately to ban all illegally obtained evidence without regard to the costs and benefits of doing so. Infra, at 256-257. These developments, born of years of experience with the exclusionary rule in operation, forcefully suggest that the exclusionary rule be more generally modified to permit the introduction of evidence obtained in the reasonable good-faith belief that a search or seizure was in accord with the Fourth Amendment.

This evolvement in the understanding of the proper scope of the exclusionary rule embraces several lines of cases. First, standing to invoke the exclusionary rule has been limited to situations where the government seeks to use such evidence against the victim of the unlawful search. Brown v. United States, 411 U. S. 223 (1973); Alderman v. United States, 394 U. S. 165 (1969); Wong Sun v. United States, 371 U. S. 471, 491-492 (1963); Rakas v. Illinois, 439 U. S. 128 (1978).

Second, the rule has not been applied in proceedings other than the trial itself. In United States v. Calandra, supra, the Court refused to extend the rule to grand jury proceedings. “Any incremental deterrent effect which might be achieved by extending the rule to grand jury proceedings is uncertain at best. . . . We therefore decline to embrace a view that would achieve a speculative and undoubtedly minimal advance in the deterrence of police misconduct at the expense of substantially impeding the role of the grand jury.” 414 U. S., at 351-352. Similarly, in United States v. Janis, 428 U. S. 433 (1976), the exclusionary rule was not extended to forbid the use in federal civil proceedings of evidence illegally seized by state officials, since the likelihood of deterring unlawful police conduct was not sufficient to outweigh the social costs imposed by the exclusion.

*256Third, even at a criminal trial, the same analysis has led us to conclude that the costs of excluding probative evidence outweighed the deterrence benefits in several circumstances. We have refused to prohibit the use of illegally seized evidence for the purpose of impeaching a defendant who testifies in his own behalf. United States v. Havens, 446 U. S. 620 (1980); Walder v. United States, 347 U. S. 62 (1954). We have also declined to adopt a “per se or ‘but for’ rule” that would make inadmissible any evidence which comes to light through a chain of causation that began with an illegal arrest. Brown v. Illinois, 422 U. S. 590, 603 (1975). And we have held that testimony of a live witness may be admitted, notwithstanding that the testimony was derived from a con-cededly unconstitutional search. United States v. Ceccolini, 435 U. S. 268 (1978). Nor is exclusion required when law enforcement agents act in good-faith reliance upon a statute or ordinance that is subsequently held to be unconstitutional. United States v. Peltier, 422 U. S. 531 (1975); Michigan v. DeFillippo, 443 U. S. 31 (1979).12 Cf. United States v. Caceres, 440 U. S. 741, 754-757 (1979) (exclusion not *257required of evidence tainted by violation of an executive department’s rules concerning electronic eavesdropping).

A similar balancing approach is employed in our decisions limiting the scope of the exclusionary remedy for Fifth Amendment violations, Oregon v. Hass, 420 U. S. 714 (1975); Harris v. New York, 401 U. S. 222 (1971); Michigan v. Tucker, 417 U. S. 433 (1974), and our cases considering whether Fourth Amendment decisions should be applied retroactively, United States v. Peltier, supra, at 538-539; Williams v. United States, 401 U. S. 646, 654-655 (1971) (plurality opinion); Desist v. United States, 394 U. S. 244, 249-250 (1969); Linkletter v. Walker, 381 U. S. 618, 636-639 (1965). But see United States v. Johnson, 457 U. S. 537 (1982).

These cases reflect that the exclusion of evidence is not a personal constitutional right but a remedy, which, like all remedies, must be sensitive to the costs and benefits of its imposition. The trend and direction of our exclusionary rule decisions indicate not a lesser concern with safeguarding the Fourth Amendment but a fuller appreciation of the high costs incurred when probative, reliable evidence is barred because of investigative error. The primary cost, of course, is that the exclusionary rule interferes with the truthseeking function of a criminal trial by barring relevant and trustworthy evidence.13 We will never know how many guilty defendants go free as a result of the rule’s operation. But any rule of evidence that denies the jury access to clearly probative and reliable evidence must bear a heavy burden of justification, *258and must be carefully limited to the circumstances in which it will pay its way by deterring official lawlessness. I do not presume that modification of the exclusionary rule will, by itself, significantly reduce the crime rate — but that is no excuse for indiscriminate application of the rule.

The suppression doctrine entails other costs as well. It would be surprising if the suppression of evidence garnered in good faith, but by means later found to violate the Fourth Amendment, did not deter legitimate as well as unlawful police activities. To the extent the rule operates to discourage police from reasonable and proper investigative actions, it hinders the solution and even the prevention of crime. A tremendous burden is also placed on the state and federal judicial systems. One study reveals that one-third of federal defendants going to trial file Fourth Amendment suppression motions, and 70% to 90% of these involve formal hearings. General Accounting Office, Comptroller General of the United States, Impact of the Exclusionary Rule on Federal Criminal Prosecutions 10 (1979).

The rule also exacts a heavy price in undermining public confidence in the reasonableness of the standards that govern the criminal justice system. “[Although the [exclusionary] rule is thought to deter unlawful police activity in part through the nurturing of respect for Fourth Amendment values, if applied indiscriminately it may well have the opposite effect of generating disrespect for the law and the administration of justice.” Stone v. Powell, 428 U. S., at 490-491. As Justice Powell observed in Stone v. Powell, supra, at 490: “The disparity in particular cases between the error committed by the police officer and the windfall afforded a guilty defendant by application of the rule is contrary to the idea of proportionality that is essential to the concept of justice.”

For these reasons, “application of the [exclusionary] rule has been restricted to those areas where its remedial objectives are thought most efficaciously served.” United States *259v. Calandra, 414 U. S., at 348.14 The reasoning of our recent cases strongly suggests that there is insufficient justification to suppress evidence at a criminal trial which was seized in the reasonable belief that the Fourth Amendment was not violated. The deterrent effect of the exclusionary rule has never been established by empirical evidence, de*260spite repeated attempts. United States v. Janis, 428 U. S., at 449-453; Irvine v. California, 347 U. S. 128, 136 (1954). But accepting that the rule deters some police misconduct, it is apparent as a matter of logic that there is little if any deterrence when the rule is invoked to suppress evidence obtained by a police officer acting in the reasonable belief that his conduct did not violate the Fourth Amendment. As we initially observed in Michigan v. Tucker, 417 U. S., at 447, and reiterated in United States v. Peltier, 422 U. S., at 539:

“ ‘The deterrent purpose of the exclusionary rule necessarily assumes that the police have engaged in willful, or at the very least negligent, conduct which has deprived the defendant of some right. By refusing to admit evidence gained as a result of such conduct, the courts hope to instill in those particular investigating officers, or in their future counterparts, a greater degree of care toward the rights of an accused. Where the official action was pursued in complete good faith, however, the deterrence rationale loses much of its force.’”

The Court in Peltier continued, id., at 542:

“If the purpose of the exclusionary rule is to deter unlawful police conduct then evidence obtained from a search should be suppressed only if it can be said that the law enforcement officer had knowledge, or may properly be charged with knowledge, that the search was unconstitutional under the Fourth Amendment.”

See also United States v. Janis, supra, at 459, n. 35 (“[T]he officers here were clearly acting in good faith ... a factor that the Court has recognized reduces significantly the potential deterrent effect of exclusion”). The deterrent value of the exclusionary sanction is most effective when officers engage in searches and seizures under circumstances “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.” Brown v. Illinois, 422 U. S., at 610-611 (Powell, J., concurring in part). On the *261other hand, when officers perform their tasks in the good-faith belief that their action comported with constitutional requirements, the deterrent function of the exclusionary rule is so minimal, if not nonexistent, that the balance clearly favors the rule’s modification.15

*262B

There are several types of Fourth Amendment violations that may be said to fall under the rubric of “good faith.” “[TJhere will be those occasions where the trial or appellate court will disagree on the issue of probable cause, no matter how reasonable the grounds for arrest appeared to the officer and though reasonable men could easily differ on the question. It also happens that after the events at issue have occurred, the law may change, dramatically or ever so slightly, but in any event sufficiently to require the trial judge to hold that there was not probable cause to make the arrest and to seize the evidence offered by the prosecution. ...” Stone v. Powell, 428 U. S., at 539-540 (White, J., dissenting). The argument for a good-faith exception is strongest, however, when law enforcement officers have reasonably relied on a judicially issued search warrant.

This Court has never set forth a rationale for applying the exclusionary rule to suppress evidence obtained pursuant to a search warrant; it has simply done so without considering whether Fourth Amendment interests will be advanced. It is my view that they generally will not be. When officers have dutifully obtained a search warrant from a judge or magistrate, and execute the warrant as directed by its terms, .exclusion of the evidence thus obtained cannot be expected to deter future reliance on such warrants. The warrant is prima facie proof that the officers acted reasonably in conducting the search or seizure; “[o]nce the warrant issues, there is literally nothing more that the policeman can do in seeking to comply with the law.” Stone v. Powell, supra, at 498 (Burger, C. J., concurring).16 As Justice Stevens *263put it in writing for the Court in United States v. Ross, 456 U. S. 798, 823, n. 32 (1982): “[A] warrant issued by a magistrate normally suffices to establish” that a law enforcement officer has “acted in good faith in conducting the search.” Nevertheless, the warrant may be invalidated because of a technical defect or because, as in this case, the judge issued a warrant on information later determined to fall short of probable cause. Excluding evidence for these reasons can have no possible deterrent effect on future police conduct, unless it is to make officers less willing to do their duty. Indeed, applying the exclusionary rule to warrant searches may well reduce incentives for police to utilize the preferred warrant procedure when a warrantless search may be permissible under one of the established exceptions to the warrant requirement. See ante, at 236; Brown v. Illinois, 422 U. S., at 611, and n. 3 (Powell, J., concurring in part); P. Johnson, New Approaches to Enforcing the Fourth Amendment 11 (unpublished paper, 1978). See also United States v. United States District Court, 407 U. S. 297, 316-317 (1972); United States v. Ventresca, 380 U. S. 102, 106-107 (1965).

Opponents of the proposed “reasonable belief” exception suggest that such a modification would allow magistrates and judges to flout the probable-cause requirements in issuing warrants. This is a novel concept: the exclusionary rule was adopted to deter unlawful searches by police, not to punish the errors of magistrates and judges. Magistrates must be neutral and detached from law enforcement operations and I would not presume that a modification of the exclusionary rule will lead magistrates to abdicate their responsibility to apply the law.17 In any event, I would apply the exclusion*264ary rule when it is plainly evident that a magistrate or judge had no business issuing a warrant. See, e. g., Aguilar v. Texas, 378 U. S. 108 (1964); Nathanson v. United States, 290 U. S. 41 (1933). Similarly, the good-faith exception would not apply if the material presented to the magistrate or judge is false or misleading, Franks v. Delaware, 438 U. S. 154 (1978), or so clearly lacking in probable cause that no well-trained officer could reasonably have thought that a warrant should issue.

Another objection is that a reasonable-belief exception will encompass all searches and seizures on the frontier of the Fourth Amendment and that such cases will escape review on the question of whether the officer’s action was permissible, denying needed guidance from the courts and freezing Fourth Amendment law in its present state. These fears are unjustified. The premise of the argument is that a court must first decide the reasonable-belief issue before turning to the question of whether a Fourth Amendment violation has occurred. I see no need for such an inflexible practice. When a Fourth Amendment case presents a novel question of law whose resolution is necessary to guide future action by law enforcement officers and magistrates, there is sufficient reason for the Court to decide the violation issue before turning to the good-faith question. Indeed, it may be difficult to *265determine whether the officers acted reasonably until the Fourth Amendment issue is resolved.18 In other circumstances, however, a suppression motion poses no Fourth Amendment question of broad import — the issue is simply whether the facts in a given case amounted to probable cause — in these cases, it would be prudent for a reviewing court to immediately turn to the question of whether the officers acted in good faith. Upon finding that they had, there would generally be no need to consider the probable-cause question. I doubt that our Fourth Amendment jurisprudence would suffer thereby. It is not entirely clear to me that the law in this area has benefited from the constant pressure of fully litigated suppression motions. The result usually has been that initially bright-line rules have disappeared in a sea of ever-finer distinctions. Moreover, there is much to be said for having Fourth Amendment jurispru*266dence evolve in part, albeit perhaps at a slower pace, in other settings.19

Finally, it is contended that a good-faith exception will be difficult to apply in practice. This concern appears grounded in the assumption that courts would inquire into the subjective belief of the law enforcement officers involved. I would eschew such investigations. “[Sjending state and federal courts on an expedition into the minds of police officers would produce a grave and fruitless misallocation of judicial resources.” Massachusetts v. Painten, 389 U. S. 560, 565 (1968) (White, J., dissenting). Moreover, “[sjubjective intent alone . . . does not make otherwise lawful conduct illegal or unconstitutional.” Scott v. United States, 436 U. S. 128, 136 (1978). Just last Term, we modified the qualified immunity public officials enjoy in suits seeking damages against federal officials for alleged deprivations of constitutional rights, eliminating the subjective component of the standard. See Harlow v. Fitzgerald, 457 U. S. 800 (1982). Although *267searches pursuant to a warrant will rarely require any deep inquiry into reasonableness, I would measure the reasonableness of a particular search or seizure only by objective standards. Even for warrantless searches, the requirement should be no more difficult to apply than the closely related good-faith test which governs civil suits under 42 U. S. C. § 1983. In addition, the burden will likely be offset by the reduction in the number of cases which will require elongated considerations of the probable-cause question, and will be greatly outweighed by the advantages in limiting the bite of the exclusionary rule to the field in which it is most likely to have its intended effects.

hH h — I HH

Since a majority of the Court deems it inappropriate to address the good-faith issue, I briefly address the question that the Court does reach — whether the warrant authorizing the search and seizure of respondents’ car and home was constitutionally valid. Abandoning the “two-pronged test” of Aguilar v. Texas, 378 U. S. 108 (1964), and Spinelli v. United States, 393 U. S. 410 (1969), the Court upholds the validity of the warrant under a new “totality of the circumstances” approach. Although I agree that the warrant should be upheld, I reach this conclusion in accordance with the Aguilar-Spinelli framework.

A

For present purposes, the Aguilar-Spinelli rules can be summed up as follows. First, an affidavit based on an informant’s tip, standing alone, cannot provide probable cause for issuance of a warrant unless the tip includes information that apprises the magistrate of the informant’s basis for concluding that the contraband is where he claims it is (the “basis of knowledge” prong), and the affiant informs the magistrate of his basis for believing that the informant is credible (the “veracity” prong). Aguilar, supra, at 114; *268 Spinelli, supra, at 412-413,416.20 Second, if a tip fails under either or both of the two prongs, probable cause may yet be established by independent police investigatory work that corroborates the tip to such an extent that it supports “both the inference that the informer was generally trustworthy and that he made his charge ... on the basis of information obtained in a reliable way.” Spinelli, supra, at 417. In instances where the officers rely on corroboration, the ultimate question is whether the corroborated tip “is as trustworthy as a tip which would pass Aguilar's tests without independent corroboration.” 393 U. S., at 415.

In the present case, it is undisputed that the anonymous tip, by itself, did not furnish probable cause. The question is whether those portions of the affidavit describing the results of the police investigation of the respondents, when considered in light of the tip, “would permit the suspicions engendered by the informant’s report to ripen into a judgment that a crime was probably being committed.” Spinelli, supra, at 418. The Illinois Supreme Court concluded that the corroboration was insufficient to permit such a ripening. 85 Ill. 2d 376, 387, 423 N. E. 2d 887, 892 (1981). The court reasoned as follows:

“[T]he nature of the corroborating evidence in this case would satisfy neither the ‘basis of knowledge’ nor the *269‘veracity’ prong of Aguilar. Looking to the affidavit submitted as support for Detective Mader’s request that a search warrant issue, we note that the corroborative evidence here was only of clearly innocent activity. Mader’s independent investigation revealed only that Lance and Sue Gates lived on Greenway Drive; that Lance Gates booked passage on a flight to Florida; that upon arriving he entered a room registered to his wife; and that he and his wife left the hotel together by car. The corroboration of innocent activity is insufficient to support a finding of probable cause.” Id., at 390, 423 N. E. 2d, at 893.

In my view, the lower court’s characterization of the Gateses’ activity here as totally “innocent” is dubious. In fact, the behavior was quite suspicious. I agree with the Court, ante, at 243, that Lance Gates’ flight to West Palm Beach, an area known to be a source of narcotics, the brief overnight stay in a motel, and apparent immediate return north, suggest a pattern that trained law enforcement officers have recognized as indicative of illicit drug-dealing activity.21

Even, however, had the corroboration related only to completely innocuous activities, this fact alone would not preclude the issuance of a valid warrant. The critical issue is not whether the activities observed by the police are innocent or suspicious. Instead, the proper focus should be on whether the actions of the suspects, whatever their nature, give rise to an inference that the informant is credible and that he obtained his information in a reliable manner.

Thus, in Draper v. United States, 358 U. S. 307 (1959), an informant stated on September 7 that Draper would be carrying narcotics when he arrived by train in Denver on the morning of September 8 or September 9. The informant also provided the police with a detailed physical description *270of the clothes Draper would be wearing when he alighted from the train. The police observed Draper leaving a train on the morning of September 9, and he was wearing the precise clothing described by the informant. The Court held that the police had probable cause to arrest Draper at this point, even though the police had seen nothing more than the totally innocent act of a man getting off a train carrying a briefcase. As we later explained in Spinelli, the important point was that the corroboration showed both that the informant was credible, i. e., that he “had not been fabricating his report out of whole cloth,” Spinelli, 393 U. S., at 417, and that he had an adequate basis of knowledge for his allegations, “since the report was of the sort which in common experience may be recognized as having been obtained in a reliable way.” Id., at 417-418. The fact that the informant was able to predict, two days in advance, the exact clothing Draper would be wearing dispelled the possibility that his tip was just based on rumor or “an offhand remark heard at a neighborhood bar.” Id., at 417. Probably Draper had planned in advance to wear these specific clothes so that an accomplice could identify him. A clear inference could therefore be drawn that the informant was either involved in the criminal scheme himself or that he otherwise had access to rehable, inside information.22

*271As in Draper, the police investigation in the present case satisfactorily demonstrated that the informant’s tip was as trustworthy as one that would alone satisfy the Aguilar tests. The tip predicted that Sue Gates would drive to Florida, that Lance Gates would fly there a few days after May 3, and that Lance would then drive the car back. After the police corroborated these facts,23 the judge could reasonably have inferred, as he apparently did, that the informant, who had specific knowledge of these unusual travel plans, did not make up his story and that he obtained his information in a reliable way. It is theoretically possible, as respondents insist, that the tip could have been supplied by a “vindictive travel agent” and that the Gateses’ activities, although unusual, might not have been unlawful.24 But Aguilar and Spinelli, like our other cases, do not require that certain guilt be established before a warrant may properly be issued. “[OJnly the probability, and not a prima facie show*272ing, of criminal activity is the standard of probable cause.” Spinelli, supra, at 419 (citing Beck v. Ohio, 379 U. S. 89, 96 (1964)). I therefore conclude that the judgment of the Illinois Supreme Court invalidating the warrant must be reversed.

B

The Court agrees that the warrant was valid, but, in the process of reaching this conclusion, it overrules the Aguilar-Spinelli tests and replaces them with a “totality of the circumstances” standard. As shown above, it is not at all necessary to overrule Aguilar-Spinelli in order to reverse the judgment below. Therefore, because I am inclined to believe that, when applied properly, the Aguilar-Spinelli rules play an appropriate role in probable-cause determinations, and because the Court’s holding may foretell an evisceration of the probable-cause standard, I do not join the Court’s holding.

The Court reasons, ante, at 233, that the “veracity” and “basis of knowledge” tests are not independent, and that a deficiency as to one can be compensated for by a strong showing as to the other. Thus, a finding of probable cause may be based on a tip from an informant “known for the unusual reliability of his predictions” or from “an unquestionably honest citizen,” even if the report fails thoroughly to set forth the basis upon which the information was obtained. Ibid. If this is so, then it must follow a fortiori that “the affidavit of an officer, known by the magistrate to be honest and experienced, stating that [contraband] is located in a certain building” must be acceptable. Spinelli, 393 U. S., at 424 (White, J., concurring). It would be “quixotic” if a similar statement from an honest informant, but not one from an honest officer, could furnish probable cause. Ibid. But we have repeatedly held that the unsupported assertion or belief of an officer does not satisfy the probable-cause requirement. See, e. g., Whiteley v. Warden, 401 U. S. 560, 564-565 *273(1971); Jones v. United States, 362 U. S. 257, 269 (1960); Nathanson v. United States, 290 U. S. 41 (1933).25 Thus, this portion of today’s holding can be read as implicitly rejecting the teachings of these prior holdings.

The Court may not intend so drastic a result. Indeed, the Court expressly reaffirms, ante, at 239, the validity of cases such as Nathanson that have held that, no matter how reliable the affiant-officer may be, a warrant should not be issued unless the affidavit discloses supporting facts and circumstances. The Court limits these cases to situations involving affidavits containing only “bare conclusions” and holds that, if an affidavit contains anything more, it should be left to the issuing magistrate to decide, based solely on “practicality]” and “common sense,” whether there is a fair probability that contraband will be found in a particular place. Ante, at 238-239.

Thus, as I read the majority opinion, it appears that the question whether the probable-cause standard is to be diluted is left to the common-sense judgments of issuing magistrates. I am reluctant to approve any standard that does not expressly require, as a prerequisite to issuance of a warrant, some showing of facts from which an inference may be drawn that the informant is credible and that his information was obtained in a reliable way. The Court is correctly concerned with the fact that some lower courts have been applying Aguilar-Spinelli in an unduly rigid manner.26 I believe, however, that with clarification of the rule of corroborating *274information, the lower courts are fully able to properly interpret Aguilar-Spinelli and avoid such unduly rigid applications. I may be wrong; it ultimately may prove to be the case that the only profitable instruction we can provide to magistrates is to rely on common sense. But the question whether a particular anonymous tip provides the basis for issuance of a warrant will often be a difficult one, and I would at least attempt to provide more precise guidance by clarifying Aguilar-Spinelli and the relationship of those cases with Draper before totally abdicating our responsibility in this area. Hence, I do not join the Court’s opinion rejecting the Aguilar-Spinelli rules.

Justice Brennan,

with whom Justice Marshall joins,

dissenting.

Although I join Justice Stevens’ dissenting opinion and agree with him that the warrant is invalid even under the Court’s newly announced “totality of the circumstances” test, see post, at 294-295, and n. 8, I write separately to dissent from the Court’s unjustified and ill-advised rejection of the two-prong test for evaluating the validity of a warrant based on hearsay announced in Aguilar v. Texas, 378 U. S. 108 (1964), and refined in Spinelli v. United States, 393 U. S. 410 (1969).

I

The Court’s current Fourth Amendment jurisprudence, as reflected by today’s unfortunate decision, patently disregards Justice Jackson’s admonition in Brinegar v. United States, 338 U. S. 160 (1949):

“[Fourth Amendment rights] are not mere second-class rights but belong in the catalog of indispensable freedoms. Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart. *275Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government. . . .
“But the right to be secure against searches and seizures is one of the most difficult to protect. Since the officers are themselves the chief invaders, there is no enforcement outside of court.” Id., at 180-181 (dissenting opinion).

In recognition of the judiciary’s role as the only effective guardian of Fourth Amendment rights, this Court has developed over the last half century a set of coherent rules governing a magistrate’s consideration of a warrant application and the showings that are necessary to support a finding of probable cause. We start with the proposition that a neutral and detached magistrate, and not the police, should determine whether there is probable cause to support the issuance of a warrant. In Johnson v. United States, 333 U. S. 10 (1948), the Court stated:

“The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime. . . . When the right of privacy must reasonably yield to the right of search is, as a rule, to be decided by a judicial officer, not by a policeman or government enforcement agent.” Id., at 13-14 (footnote omitted).

See also Whiteley v. Warden, 401 U. S. 560, 564 (1971); Spinelli v. United States, supra, at 415; United States v. Ventresca, 380 U. S. 102, 109 (1965); Aguilar v. Texas, supra, at 111; Jones v. United States, 362 U. S. 257, 270-271 *276(1960); Giordenello v. United States, 357 U. S. 480, 486 (1958); United States v. Lefkowitz, 285 U. S. 452, 464 (1932).

In order to emphasize the magistrate’s role as an independent arbiter of probable cause and to insure that searches or seizures are not effected on less than probable cause, the Court has insisted that police officers provide magistrates with the underlying facts and circumstances that support the officers’ conclusions. In Nathanson v. United States, 290 U. S. 41 (1933), the Court held invalid a search warrant that was based on a customs agent’s “mere affirmation of suspicion and belief without any statement of adequate supporting facts.” Id., at 46. The Court stated: “Under the Fourth Amendment, an officer may not properly issue a warrant to search a private dwelling unless he can find probable cause therefor from facts or circumstances presented to him under oath or affirmation. Mere affirmance of belief or suspicion is not enough.” Id., at 47.

In Giordenello v. United States, supra, the Court reviewed an arrest warrant issued under the Federal Rules of Criminal Procedure based on a complaint sworn to by a Federal Bureau of Narcotics agent. Id., at 481.1 Based on the agent’s testimony at the suppression hearing, the Court noted that “until the warrant was issued . . . [the agent’s] suspicions of petitioner’s guilt derived entirely from information given him by law enforcement officers and other persons in Houston, none of whom either appeared before the Commissioner or submitted affidavits.” Id., at 485. The Court found it unnecessary to decide whether a warrant could be based solely on hearsay information, for the complaint was “defective in not providing a sufficient basis upon which a *277finding of probable cause could be made.” Ibid. In particular, the complaint contained no affirmative allegation that the agent spoke with personal knowledge nor did it indicate any sources for the agent’s conclusion. Id., at 486. The Court expressly rejected the argument that these deficiencies could be cured by “the Commissioner’s reliance upon a presumption that the complaint was made on the personal knowledge of the complaining officer.” Ibid.

As noted, the Court did not decide the hearsay question lurking in Giordenello. The use of hearsay to support the issuance of a warrant presents special problems because informants, unlike police officers, are not regarded as presumptively reliable or honest. Moreover, the basis for an informant’s conclusions is not always clear from an affidavit that merely reports those conclusions. If the conclusory allegations of a police officer are insufficient to support a finding of probable cause, surely the conclusory allegations of an informant should a fortiori be insufficient.

In Jones v. United States, supra, the Court considered “whether an affidavit which sets out personal observations relating to the existence of cause to search is to be deemed insufficient by virtue of the fact that it sets out not the affi-ant’s observations but those of another.” Id., at 269. The Court held that hearsay information can support the issuance of a warrant “so long as a substantial basis for crediting the hearsay is presented.” Ibid. The Court found that there was a substantial basis for crediting the hearsay involved in Jones. The informant’s report was based on the informant’s personal knowledge, and the informant previously had provided accurate information. Moreover, the informant’s story was corroborated by other sources. Finally, the defendant was known to the police to be a narcotics user. Id., at 271.

Aguilar v. Texas, 378 U. S. 108 (1964), merely made explicit what was implicit in Jones. In considering a search warrant based on hearsay, the Court reviewed Nathanson *278and Giordenello and noted the requirement established by those cases that an officer provide the magistrate with the underlying facts or circumstances that support the officer’s conclusion that there is probable cause to justify the issuance of a warrant. The Court stated:

“The vice in the present affidavit is at least as great as in Nathanson and Giordenello. Here, the ‘mere conclusion’ that petitioner possessed narcotics was not even that of the affiant himself; it was that of an unidentified informant. The affidavit here not only ‘contains no affirmative allegation that the affiant spoke with personal knowledge of the matters contained therein,’ it does not even contain an ‘affirmative allegation’ that the affiant’s unidentified source ‘spoke with personal knowledge.’ For all that appears, the source here merely suspected, believed or concluded that there were narcotics in petitioner’s possession. The magistrate here certainly could not ‘judge for himself the persuasiveness of the facts relied on ... to show probable cause.’ He necessarily accepted ‘without question’ the informant’s ‘suspicion,’ ‘belief’ or ‘mere conclusion.’” 378 U. S., at 113-114 (footnote omitted).2

While recognizing that a warrant may be based on hearsay, the Court established the following standard:

“[T]he magistrate must be informed of some of the underlying circumstances from which the informant con-*279eluded that the narcotics were where he claimed they were, and some of the underlying circumstances from which the officer concluded that the informant, whose identity need not be disclosed . . . was ‘credible’ or his information ‘reliable.’ Otherwise, ‘the inferences from the facts which lead to the complaint’ will be drawn not ‘by a neutral and detached magistrate,’ as the Constitution requires, but instead, by a police officer ‘engaged in the often competitive enterprise of ferreting out crime’ ... or, as in this case, by an unidentified informant.” Id., at 114-115 (footnote omitted).

The Aguilar standard was refined in Spinelli v. United States, 393 U. S. 410 (1969). In Spinelli, the Court reviewed a search warrant based on an affidavit that was “more ample,” id., at 413, than the one in Aguilar. The affidavit in Spinelli contained not only a tip from an informant, but also a report of an independent police investigation that allegedly corroborated the informant’s tip. 393 U. S., at 413. Under these circumstances, the Court stated that it was “required to delineate the manner in which Aguilar’s two-pronged test should be applied . . . .” Ibid.

The Court held that the Aguilar test should be applied to the tip, and approved two additional ways of satisfying that test. First, the Court suggested that if the tip contained sufficient detail describing the accused’s criminal activity it might satisfy Aguilar’s basis of knowledge prong. 393 U. S., at 416. Such detail might assure the magistrate that he is “relying on something more substantial than a casual rumor circulating in the underworld or an accusation based merely on an individual’s general reputation.” Ibid. Although the tip in the case before it did not meet this standard, “[t]he detail provided by the informant in Draper v. United States, 358 U. S. 307 (1959), provide[d] a suitable benchmark,” ibid., because “[a] magistrate, when confronted with such detail, could reasonably infer that the informant *280had gained his information in a reliable way.” Id., at 417 (footnote omitted).3

Second, the Court stated that police corroboration of the details of a tip could provide a basis for satisfying Aguilar. *281393 U. S., at 417. The Court’s opinion is not a model of clarity on this issue since it appears to suggest that corroboration can satisfy both the basis of knowledge and veracity prongs of Aguilar. 393 U. S., at 417-418.4 Justice White’s concurring opinion, however, points the way to a proper reading of the Court’s opinion. After reviewing the Court’s decision in Draper v. United States, 358 U. S. 307 (1959), Justice White concluded that “[t]he thrust of Draper is not that the verified facts have independent significance with respect to proof of [another unverified fact].” 393 U. S., at 427. In his view, “[t]he argument instead relates to the reliability of the source: because an informant is right about some things, he is more probably right about other facts, usually the critical, unverified facts.” Ibid. Justice White then pointed out that prior cases had rejected “the notion that the past *282reliability of an officer is sufficient reason for believing his current assertions.” Ibid. Justice White went on to state:

“Nor would it suffice, I suppose, if a reliable informant states there is gambling equipment in Apartment 607 and then proceeds to describe in detail Apartment 201, a description which is verified before applying for the warrant. He was right about 201, but that hardly makes him more believable about the equipment in 607. But what if he states that there are narcotics locked in a safe in Apartment 300, which is described in detail, and the apartment manager verifies everything but the contents of the safe? I doubt that the report about the narcotics is made appreciably more believable by the verification. The informant could still have gotten his information concerning the safe from others about whom nothing is known or could have inferred the presence of narcotics from circumstances which a magistrate would find unacceptable.” Ibid.

I find this reasoning persuasive. Properly understood, therefore, Spinelli stands for the proposition that corroboration of certain details in a tip may be sufficient to satisfy the veracity, but not the basis of knowledge, prong of Aguilar. As noted, Spinelli also suggests that in some limited circumstances considerable detail in an informant’s tip may be adequate to satisfy the basis of knowledge prong of Aguilar.5

*283Although the rules drawn from the cases discussed above are cast in procedural terms, they advance an important underlying substantive value: Findings of probable cause, and attendant intrusions, should not be authorized unless there is some assurance that the information on which they are based has been obtained in a reliable way by an honest or credible person. As applied to police officers, the rules focus on the way in which the information was acquired. As applied to informants, the rules focus both on the honesty or credibility of the informant and on the reliability of the way in which the information was acquired. Insofar as it is more complicated, an evaluation of affidavits based on hearsay involves a more difficult inquiry. This suggests a need to structure the inquiry in an effort to insure greater accuracy. The standards announced in Aguilar, as refined by Spinelli, fulfill that need. The standards inform the police of what information they have to provide and magistrates of what information they should demand. The standards also inform magistrates of the subsidiary findings they must make in order to arrive at an ultimate finding of probable cause. Spinelli, properly understood, directs the magistrate’s attention to the possibility that the presence of self-verifying detail might satisfy Aguilar 1 s basis of knowledge prong and that corroboration of the details of a tip might satisfy Aguilar's veracity prong. By requiring police to provide certain crucial information to magistrates and by structuring magistrates’ probable-cause inquiries, Aguilar and Spinelli assure the magistrate’s role as an independent arbiter of probable cause, insure greater accuracy in probable-cause determinations, and advance the substantive value identified above.

Until today the Court has never squarely addressed the application of the Aguilar and Spinelli standards to tips from anonymous informants. Both Aguilar and Spinelli dealt with tips from informants known at least to the police. See also, e. g., Adams v. Williams, 407 U. S. 143, 146 (1972); United States v. Harris, 403 U. S. 573, 575 (1971); Whiteley v. Warden, 401 U. S., at 565; McCray v. Illinois, 386 U. S. *284300, 302 (1967); Jones v. United States, 362 U. S., at 268-269. And surely there is even more reason to subject anonymous informants’ tips to the tests established by Aguilar and Spinelli. By definition nothing is known about an anonymous informant’s identity, honesty, or reliability. One commentator has suggested that anonymous informants should be treated as presumptively unreliable. See Comment, Anonymous Tips, Corroboration, and Probable Cause: Reconciling the Spinelli!Draper Dichotomy in Illinois v. Gates, 20 Am. Crim. L. Rev. 99, 107 (1982). See also Adams v. Williams, supra, at 146 (suggesting that an anonymous telephone tip provides a weaker case for a Terry v. Ohio, 392 U. S. 1 (1968), stop than a tip from an informant known to the police who had provided information in the past); United States v. Harris, supra, at 599 (Harlan, J., dissenting) (“We cannot assume that the ordinary law-abiding citizen has qualms about [appearing before a magistrate]”). In any event, there certainly is no basis for treating anonymous informants as presumptively reliable. Nor is there any basis for assuming that the information provided by an anonymous informant has been obtained in a reliable way. If we are unwilling to accept conclusory allegations from the police, who are presumptively reliable, or from informants who are known, at least to the police, there cannot possibly be any rational basis for accepting conclusory allegations from anonymous informants.

To suggest that anonymous informants’ tips are subject to the tests established by Aguilar and Spinelli is not to suggest that they can never provide a basis for a finding of probable cause. It is conceivable that police corroboration of the details of the tip might establish the reliability of the informant under Aguilar’s, veracity prong, as refined in Spinelli, and that the details in the tip might be sufficient to qualify under the “self-verifying detail” test established by Spinelli as a means of satisfying Aguilar’s basis of knowledge prong. The Aguilar and Spinelli tests must be applied to anonymous informants’ tips, however, if we are to continue to insure *285that findings of probable cause, and attendant intrusions, are based on information provided by an honest or credible person who has acquired the information in a reliable way.6

In light of the important purposes served by Aguilar and Spinelli, I would not reject the standards they establish. If anything, I simply would make more clear that Spinelli, properly understood, does not depart in any fundamental way from the test established by Aguilar. For reasons I shall next state, I do not find persuasive the Court’s justifications for rejecting the test established by Aguilar and refined by Spinelli.

*286In rejecting the Aguilar-Spinelli standards, the Court suggests that a “totality-of-the-circumstances approach is far more consistent with our prior treatment of probable cause than is any rigid demand that specific ‘tests’ be satisfied by every informant’s tip.” Ante, at 230-231 (footnote omitted). In support of this proposition the Court relies on several cases that purportedly reflect this approach, ante, at 230-231, n. 6, 232-233, n. 7, and on the “practical, nontechnical,” ante, at 231, nature of probable cause.

Only one of the cases cited by the Court in support of its “totality of the circumstances” approach, Jaben v. United States, 381 U. S. 214 (1965), was decided subsequent to Aguilar. It is by no means inconsistent with Aguilar. 7 The other three cases8 cited by the Court as supporting its *287totality-of-the-circumstances approach were decided before Aguilar. In any event, it is apparent from the Court’s discussion of them, see ante, at 232-233, n. 7, that they are not inconsistent with Aguilar.

In addition, one can concede that probable cause is a “practical, nontechnical” concept without betraying the values that Aguilar and Spinelli reflect. As noted, see supra, at 277-282, Aguilar and Spinelli require the police to provide magistrates with certain crucial information. They also provide structure for magistrates’ probable-cause inquiries. In so doing, Aguilar and Spinelli preserve the role of magistrates as independent arbiters of probable cause, insure greater accuracy in probable-cause determinations, and advance the substantive value of precluding findings of probable cause, and attendant intrusions, based on anything less than information from an honest or credible person who has acquired his information in a reliable way. Neither the standards nor their effects are inconsistent with a “practical, nontechnical” conception of probable cause. Once a magistrate has determined that he has information before him that he can reasonably say has been obtained in a reliable way by a credible person, he has ample room to use his common sense and to apply a practical, nontechnical conception of probable cause.

It also should be emphasized that cases such as Nathanson v. United States, 290 U. S. 41 (1933), and Giordenello v. United States, 357 U. S. 480 (1958), discussed supra, at 276-277, directly contradict the Court’s suggestion, ante, at 233, that a strong showing on one prong of the Aguilar test should compensate for a deficient showing on the other. If the conclusory allegations of a presumptively reliable police officer are insufficient to establish probable cause, there is no conceivable reason why the conclusory allegations of an anonymous informant should not be insufficient as well. Moreover, contrary to the Court’s implicit suggestion, Aguilar and Spinelli do not stand as an insuperable barrier to the use *288of even anonymous informants’ tips to establish probable cause. See supra, at 277-282. It is no justification for rejecting them outright that some courts may have employed an overly technical version of the Aguilar-Spinelli standards, see ante, at 234-235, and n. 9.

The Court also insists that the Aguilar-Spinelli standards must be abandoned because they are inconsistent with the fact that nonlawyers frequently serve as magistrates. Ante, at 235-236. To the contrary, the standards help to structure probable-cause inquiries and, properly interpreted, may actually help a nonlawyer magistrate in making a probable-cause determination. Moreover, the Aguilar and Spinelli tests are not inconsistent with deference to magistrates’ determinations of probable cause. Aguilar expressly acknowledged that reviewing courts “will pay substantial deference to judicial determinations of probable cause . . . .” 378 U. S., at 111. In Spinelli, the Court noted that it was not retreating from the proposition that magistrates’ determinations of probable cause “should be paid great deference by reviewing courts . . . .” 393 U. S., at 419. It is also noteworthy that the language from United States v. Ventresca, 380 U. S., at 108-109, which the Court repeatedly quotes, see ante, at 235, 236, and 237, n. 10, brackets the following passage, which the Court does not quote:

“This is not to say that probable cause can be made out by affidavits which are purely conclusory, stating only the affiant’s or an informer’s belief that probable cause exists without detailing any of the ‘underlying circumstances’ upon which that belief is based. See Aguilar v. Texas, supra. Recital of some of the underlying circumstances in the affidavit is essential if the magistrate is to perform his detached function and not serve merely as a rubber stamp for the police. However, where these circumstances are detailed, where reason for crediting the source of the information is given, and when a magistrate has found probable cause, the courts should not *289invalidate the warrant by interpreting the affidavit in a hypertechnical, rather than a commonsense, manner.” 380 U. S., at 108-109.9

At the heart of the Court’s decision to abandon Aguilar and Spinelli appears to be its belief that “the direction taken by decisions following Spinelli poorly serves ‘[tjhe most basic function of any government’: ‘to provide for the security of the individual and of his property.’” Ante, at 237. This conclusion rests on the judgment that Aguilar and Spinelli “seriously imped[e] the task of law enforcement,” ante, at 237, and render anonymous tips valueless in police work. Ibid. Surely, the Court overstates its case. See supra, at 287-288. But of particular concern to all Americans must be that the Court gives virtually no consideration to the value of insuring that findings of probable cause are based on information that a magistrate can reasonably say has been obtained in a reli*290able way by an honest or credible person. I share Justice White’s fear that the Court’s rejection of Aguilar and Spinelli and its adoption of a new totality-of-the-circumstances test, ante, at 238, “may foretell an evisceration of the probable-cause standard . . . Ante, at 272 (White, J., concurring in judgment).

Ill

The Court’s complete failure to provide any persuasive reason for rejecting Aguilar and Spinelli doubtlessly reflects impatience with what it perceives to be “overly technical” rules governing searches and seizures under the Fourth Amendment. Words such as “practical,” “nontechnical,” and “common sense,” as used in the Court’s opinion, are but code words for an overly permissive attitude towards police practices in derogation of the rights secured by the Fourth Amendment. Everyone shares the Court’s concern over the horrors of drug trafficking, but under our Constitution only measures consistent with the Fourth Amendment may be employed by government to cure this evil. We must be ever mindful of Justice Stewart’s admonition in Coolidge v. New Hampshire, 403 U. S. 443 (1971): “In times of unrest, whether caused by crime or racial conflict or fear of internal subversion, this basic law and the values that it represents may appear unrealistic or ‘extravagant’ to some. But the values were those of the authors of our fundamental constitutional concepts.” Id., at 455 (plurality opinion). In the same vein, Glasser v. United States, 315 U. S. 60 (1942), warned that “[sjteps innocently taken may, one by one, lead to the irretrievable impairment of substantial liberties.” Id., at 86.

Rights secured by the Fourth Amendment are particularly difficult to protect because their “advocates are usually criminals.” Draper v. United States, 358 U. S., at 314 (Douglas, J., dissenting). But the rules “we fashion [are] for the innocent and guilty alike.” Ibid. See also Kolender v. Lawson, 461 U. S. 352, 362, n. 1 (1983) (Brennan, J., concurring); Brinegar v. United States, 338 U. S., at 181 (Jackson, J., dis*291senting). By replacing Aguilar and Spinelli with a test that provides no assurance that magistrates, rather than the police, or informants, will make determinations of probable cause; imposes no structure on magistrates’ probable-cause inquiries; and invites the possibility that intrusions may be justified on less than reliable information from an honest or credible person, today’s decision threatens to “obliterate one of the most fundamental distinctions between our form of government, where officers are under the law, and the police-state where they are the law.” Johnson v. United States, 333 U. S., at 17.

Justice Stevens,

with whom Justice Brennan joins,

dissenting.

The fact that Lance and Sue Gates made a 22-hour nonstop drive from West Palm Beach, Florida, to Bloomingdale, Illinois, only a few hours after Lance had flown to Florida provided persuasive evidence that they were engaged in illicit activity. That fact, however, was not known to the judge when he issued the warrant to search their home.

What the judge did know at that time was that the anonymous informant had not been completely accurate in his or her predictions. The informant had indicated that “ ‘Sue . . . drives their car to Florida where she leaves it to be loaded up with drugs .... Sue fl[ies] back after she drops the car off in Florida.”’ 85 Ill. 2d 376, 379, 423 N. E. 2d 887, 888 (1981) (emphasis added). Yet Detective Mader’s affidavit reported that she “ ‘left the West Palm Beach area driving the Mercury northbound.’” 82 Ill. App. 3d 749, 757, 403 N. E. 2d 77, 82 (1980).

The discrepancy between the informant’s predictions and the facts known to Detective Mader is significant for three reasons. First, it cast doubt on the informant’s hypothesis that the Gates already had “ ‘over [$100,000] worth of drugs in their basement,’ ” 85 Ill. 2d, at 379, 423 N. E. 2d, at 888. The informant had predicted an itinerary that always kept one *292spouse in Bloomingdale, suggesting that the Gates did not want to leave their home unguarded because something valuable was hidden within. That inference obviously could not be drawn when it was known that the pair was actually together over a thousand miles from home.

Second, the discrepancy made the Gates’ conduct seem substantially less unusual than the informant had predicted it would be. It would have been odd if, as predicted, Sue had driven down to Florida on Wednesday, left the car, and flown right back to Illinois. But the mere facts that Sue was in West Palm Beach with the car,1 that she was joined by her husband at the Holiday Inn on Friday,2 and that the couple drove north together the next morning3 are neither unusual nor probative of criminal activity.

*293Third, the fact that the anonymous letter contained a material mistake undermines the reasonableness of relying on it as a basis for making a forcible entry into a private home.4

Of course, the activities in this case did not stop when the judge issued the warrant. The Gates drove all night to Bloomingdale, the officers searched the car and found 400 pounds of marihuana, and then they searched the house.5 However, none of these subsequent events may be considered in evaluating the warrant,6 and the search of the house was legal only if the warrant was valid. Vale v. Louisiana, 399 U. S. 30, 33-35 (1970). I cannot accept the Court’s casual conclusion that, before the Gates arrived in Bloomingdale, there was probable cause to justify a valid entry and search of a private home. No one knows who the informant in this case was, or what motivated him or her to write the note. Given that the note’s predictions were faulty in one *294significant respect, and were corroborated by nothing except ordinary innocent activity, I must surmise that the Court’s evaluation of the warrant’s validity has been colored by subsequent events.7

Although the foregoing analysis is determinative as to the house search, the car search raises additional issues because “there is a constitutional difference between houses and cars.” Chambers v. Maroney, 399 U. S. 42, 52 (1970). Cf. Payton v. New York, 445 U. S. 573, 589-590 (1980). An officer who has probable cause to suspect that a highly movable automobile contains contraband does not need a valid warrant in order to search it. This point was developed in our opinion in United States v. Ross, 456 U. S. 798 (1982), which was not decided until after the Illinois Supreme Court rendered its decision in this case. Under Ross, the car search may have been valid if the officers had probable cause after the Gates arrived.

In apologizing for its belated realization that we should not have ordered reargument in this case, the Court today shows high regard for the appropriate relationship of this Court to state courts. Ante, at 221-222. When the Court discusses the merits, however, it attaches no weight to the conclusions of the Circuit Judge of Du Page County, Illinois, of the three judges of the Second District of the Illinois Appellate Court, or of the five justices of the Illinois Supreme Court, all of whom concluded that the warrant was not based on probable cause. In a fact-bound inquiry of this sort, the judgment of three levels of state courts, all of which are better able to evaluate the probable reliability of anonymous informants in *295Bloomingdale, Illinois, than we are, should be entitled to at least a presumption of accuracy.8 I would simply vacate the judgment of the Illinois Supreme Court and remand the case for reconsideration in the light of our intervening decision in United States v. Ross.

6.3 Maryland v. Pringle 6.3 Maryland v. Pringle

MARYLAND v. PRINGLE

No. 02-809.

Argued November 3, 2003

Decided December 15, 2003

*367Rehnquist, C. J., delivered the opinion for a unanimous Court.

Gary E. Bair, Solicitor General of Maryland, argued the cause for petitioner. With him. on the briefs were J. Joseph Curran, Jr., Attorney General, and Kathryn Grill Graeff and Shannon E. Avery, Assistant Attorneys General.

Sri Srinivasan argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Chertoff, Deputy Solicitor General Dreeben, and Deborah Watson.

Nancy S. Forster argued the cause for respondent. With her on the brief were Stephen E. Harris and Sherrie Glasser. *

Chief Justice Rehnquist

delivered the opinion of the Court.

In the early morning hours a passenger car occupied by three men was stopped for speeding by a police officer. The *368officer, upon searching the ear, seized $763 of rolled-up cash from the glove compartment and five glassine baggies of cocaine from between the back-seat armrest and the back seat. After all three men denied ownership of the cocaine and money, the officer arrested each of them. We hold that the officer had probable cause to arrest Pringle — one of the three men.

At 3:16 a.m. on August 7,1999, a Baltimore County Police officer stopped a Nissan Maxima for speeding. There were three occupants in the car: Donte Partlow, the driver and owner, respondent Pringle, the front-seat passenger, and Otis Smith, the back-seat passenger. The officer asked Partlow for his license and registration. When Partlow opened the glove compartment to retrieve the vehicle registration, the officer observed a large amount of rolled-up money in the glove compartment. The officer returned to his patrol car with Partlow’s license and registration to check the computer system for outstanding violations. The computer check did not reveal any violations. The officer returned to the stopped car, had Partlow get out, and issued him an oral warning.

After a second patrol car arrived, the officer asked Partlow if he had any weapons or narcotics in the vehicle. Partlow indicated that he did not. Partlow then consented to a search of the vehicle. The search yielded $763 from the glove compartment and five plastic glassine baggies containing cocaine from behind the back-seat armrest. When the officer began the search the armrest was in the upright position flat against the rear seat. The officer pulled down the armrest and found the drugs, which had been placed between the armrest and the back seat of the car.

The officer questioned all three men about the ownership of the drugs and money, and told them that if no one admitted to ownership of the drugs he was going to arrest them all. The men offered no information regarding the owner*369ship of the drugs or money. All three were placed under arrest and transported to the police station.

Later that morning, Pringle waived his rights under Miranda v. Arizona, 384 U. S. 436 (1966), and gave an oral and written confession in which he acknowledged that the cocaine belonged to him, that he and his friends were going to a party, and that he intended to sell the cocaine or “[u]se it for sex.” App. 26. Pringle maintained that the other occupants of the car did not know about the drugs, and they were released.

The trial court denied Pringle’s motion to suppress his confession as the fruit of an illegal arrest, holding that the officer had probable cause to arrest Pringle. A jury convicted Pringle of possession with intent to distribute cocaine and possession of cocaine. He was sentenced to 10 years’ incarceration without the possibility of parole. The Court of Special Appeals of Maryland affirmed. 141 Md. App. 292, 785 A. 2d 790 (2001).

The Court of Appeals of Maryland, by divided vote, reversed, holding that, absent specific facts tending to show Pringle’s knowledge and dominion or control over the drugs, “the mere finding of cocaine in the back armrest when [Prin-gle] was a front seat passenger in a car being driven by its owner is insufficient to establish probable cause for an arrest for possession.” 370 Md. 525, 545, 805 A. 2d 1016, 1027 (2002). We granted certiorari, 538 U. S. 921 (2003), and now reverse.

Under the Fourth Amendment, made applicable to the States by the Fourteenth Amendment, Mapp v. Ohio, 367 U. S. 643 (1961), the people are “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, . . . and no Warrants shall issue, but upon probable cause ....” U. S. Const., Arndt. 4. Maryland law authorizes police officers to execute warrantless arrests, inter alia, for felonies committed in an officer’s presence or where an officer has probable cause to believe that a felony *370has been committed or is being committed in the officer’s presence. Md. Ann. Code, Art. 27, §594B (1996) (repealed 2001). A warrantless arrest of an individual in a public place for a felony, or a misdemeanor committed in the officer’s presence, is consistent with the Fourth Amendment if the arrest is supported by probable cause. United States v. Watson, 423 U. S. 411, 424 (1976); see Atwater v. Lago Vista, 532 U. S. 318, 354 (2001) (stating that “[i]f an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender”).

It is uncontested in the present case that the officer, upon recovering the five plastic glassine baggies containing suspected cocaine, had probable cause to believe a felony had been committed. Md. Ann. Code, Art. 27, §287 (1996) (repealed 2002) (prohibiting possession of controlled dangerous substances). The sole question is whether the officer had probable cause to believe that Pringle committed that crime.1

The long-prevailing standard of probable cause protects “citizens from rash and unreasonable interferences with privacy and from unfounded charges of crime,” while giving “fair leeway for enforcing the law in the community’s protection.” Brinegar v. United States, 338 U. S. 160, 176 (1949). On many occasions, we have reiterated that the probable-cause standard is a “‘practical, nontechnical conception’” that deals with “ ‘the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.’ ” Illinois v. Gates, 462 U. S. 213, 231 (1983) (quoting Brinegar, supra, at 175-176); see, e. g., Ornelas v. United States, 517 U. S. 690, 695 (1996); United States v. Sokolow, 490 U. S. 1, 7-8 (1989). “[P]robable cause is a fluid *371concept — turning on the assessment of probabilities in particular factual contexts — not readily, or even usefully, reduced to a neat set of legal rules.” Gates, 462 U. S., at 232.

The probable-cause standard is incapable of precise definition or quantification into percentages because it deals with probabilities and depends on the totality of the circumstances. See ibid.; Brinegar, 338 U. S., at 175. We have stated, however, that “[t]he substance of all the definitions of probable cause is a reasonable ground for belief of guilt,” ibid, (internal quotation marks and citations omitted), and that the belief of guilt must be particularized with respect to the person to be searched or seized, Ybarra v. Illinois, 444 U. S. 85, 91 (1979). In Illinois v. Gates, we noted:

“As early as Locke v. United States, 7 Cranch 339, 348 (1813), Chief Justice Marshall observed, in a closely related context: ‘[T]he term “probable cause,” according to its usual acceptation, means less than evidence which would justify condemnation .... It imports a seizure made under circumstances which warrant suspicion.’ More recently, we said that ‘the quanta ... of proof’ appropriate in ordinary judicial proceedings are inapplicable to the decision to issue a warrant. Brinegar, 338 U. S., at 173. Finely tuned standards such as proof beyond a reasonable doubt or by a preponderance of the evidence, useful in formal trials, have no place in the [probable-cause] decision.” 462 U. S., at 235.

To determine whether an officer had probable cause to arrest an individual, we examine the events leading up to the arrest, and then decide “whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to” probable cause, Ornelas, supra, at 696.

In this case, Pringle was one of three men riding in a Nissan Maxima at 3:16 a.m. There was $763 of rolled-up cash *372in the glove compartment directly in front of Pringle.2 Five plastic glassine baggies of cocaine were behind the back-seat armrest and accessible to all three men. Upon questioning, the three men failed to offer any information with respect to the ownership of the cocaine or the money.

We think it an entirely reasonable inference from these facts that any or all three of the occupants had knowledge, of, and exercised dominion and control over, the cocaine. Thus, a reasonable officer could conclude that there was probable cause to believe Pringle committed the crime of possession of cocaine, either solely or jointly.

Pringle’s attempt to characterize this case as a guilt-by-association case is unavailing. His reliance on Ybarra v. Illinois, supra, and United States v. Di Re, 332 U. S. 581 (1948), is misplaced. In Ybarra, police officers obtained a warrant to search a tavern and its bartender for evidence of possession of a controlled substance. Upon entering the tavern, the officers conducted patdown searches of the customers present in the tavern, including Ybarra. Inside a cigarette pack retrieved from Ybarra’s pocket, an officer found six tinfoil packets containing heroin. We stated:

“[A] person’s mere propinquity to others independently suspected of criminal activity does not, without more, *373give rise to probable cause to search that person. Sibron v. New York, 392 U. S. 40, 62-63 (1968). Where the standard is probable cause, a search or seizure of a person must be supported by probable cause particularized with respect to that person. This requirement cannot be undercut or avoided by simply pointing to the fact that coincidentally there exists probable cause to search or seize another or to search the premises where the person may happen to be.” 444 U. S., at 91.

We held that the search warrant did not permit body searches of all of the tavern’s patrons and that the police could not pat down the patrons for weapons, absent individualized suspicion. Id., at 92.

This case is quite different from Ybarra. Pringle and his two companions were in a relatively small automobile, not a public tavern. In Wyoming v. Houghton, 526 U. S. 295 (1999), we noted that “a car passenger — unlike the unwitting tavern patron in Ybarra — will often be engaged in a common enterprise with the driver, and have the same interest in concealing the fruits or the evidence of their wrongdoing.” Id., at 304-305. Here we think it was reasonable for the officer to infer a common enterprise among the three men. The quantity of drugs and cash in the car indicated the likelihood of drug dealing, an enterprise to which a dealer would be unlikely to admit an innocent person with the potential to furnish evidence against him. In Di Re, a federal investigator had been told by an informant, Reed, that he was to receive counterfeit gasoline ration coupons from a certain Buttitta at a particular place. The investigator went to the appointed place and saw Reed, the sole occupant of the rear seat of the car, holding gasoline ration coupons. There were two other occupants in the car: Buttitta in the driver’s seat and Di Re in the front passenger’s seat. Reed informed the investigator that Buttitta had given him counterfeit coupons. Thereupon, all three men were arrested and searched. After noting that the officers had no information implicating *374Di Re and no information pointing to Di Re’s possession of coupons, unless presence in the car warranted that inference, we concluded that the officer lacked probable cause to believe that Di Re was involved in the crime. 332 U. S., at 592-594. We said “[a]ny inference that everyone on the scene of a crime is a party to it must disappear if the Government informer singles out the guilty person.” Id., at 594. No such singling out occurred in this ease; none of the three men provided information with respect to the ownership of the cocaine or money.

We hold that the officer had probable cause to believe that Pringle had committed the crime of possession of a controlled substance. Pringle’s arrest therefore did not contravene the Fourth and Fourteenth Amendments. Accordingly, the judgment of the Court of Appeals of Maryland is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

6.4 District of Columbia v. Wesby (2018) 6.4 District of Columbia v. Wesby (2018)

138 S.Ct. 577

PARTY PEOPLE

In an extraordinarily entertaining opinion by Justice Clarence Thomas, the court concludes that

yes, the officers did have probable cause to arrest 21 party people who were “renting a house from Peaches for a bachelor party.”

The arrests were for unlawful entry; partiers were charged with disorderly conduct, but the charges were eventually dropped. Wesby is a civil rights case, but provides the most detailed, accessible totality of the circumstances analysis this prof knows of.

SUPREME COURT OF THE UNITED STATES

_________________

No. 15–1485

_________________

     DISTRICT OF COLUMBIA, ET AL ., PETITIONERS v.   

                                THEODORE WESBY, ET AL           .  

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF  

APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT   

[January 22, 2018]  

 JUSTICE THOMAS delivered the opinion of the Court.

 This case involves a civil suit against the District of Columbia and five of its police officers, brought by 16 individuals who were arrested for holding a raucous, latenight party in a house they did not have permission to enter. The United States Court of Appeals for the District of Columbia Circuit held that there was no probable cause to arrest the partygoers, and that the officers were not entitled to qualified immunity.  We reverse on both grounds.

I

 Around 1 a.m. on March 16, 2008, the District’s Metropolitan Police Department received a complaint about loud music and illegal activities at a house in Northeast D. C.  The caller, a former neighborhood commissioner, told police that the house had been vacant for several months.  When officers arrived at the scene, several neighbors confirmed that the house should have been empty. The officers approached the house and, consistent with the complaint, heard loud music playing inside.

 After the officers knocked on the front door, they saw a man look out the window and then run upstairs. One of the partygoers opened the door, and the officers entered.  They immediately observed that the inside of the house “‘was in disarray’” and looked like “‘a vacant property.’”      841 F. Supp. 2d 20, 31 (DC 2012) (quoting Defs. Exh. A).  The officers smelled marijuana and saw beer bottles and cups of liquor on the floor.  In fact, the floor was so dirty that one of the partygoers refused to sit on it while being questioned. Although the house had working electricity and plumbing, it had no furniture downstairs other than a few padded metal chairs. The only other signs of habitation were blinds on the windows, food in the refrigerator, and toiletries in the bathroom.

 In the living room, the officers found a makeshift strip club. Several women were wearing only bras and thongs, with cash tucked into their garter belts.  The women were giving lap dances while other partygoers watched.  Most of the onlookers were holding cash and cups of alcohol.  After seeing the uniformed officers, many partygoers scattered into other parts of the house.

 The officers found more debauchery upstairs.  A naked woman and several men were in the bedroom. A bare mattress—the only one in the house—was on the floor, along with some lit candles and multiple open condom wrappers. A used condom was on the windowsill. The officers found one partygoer hiding in an upstairs closet, and another who had shut himself in the bathroom and refused to come out.

 The officers found a total of 21 people in the house.  After interviewing all 21, the officers did not get a clear or consistent story.  Many partygoers said they were there for a bachelor party, but no one could identify the bachelor. Each of the partygoers claimed that someone had invited them to the house, but no one could say who.  Two of the women working the party said that a woman named

“Peaches” or “Tasty” was renting the house and had given them permission to be there.  One of the women explained that the previous owner had recently passed away, and Peaches had just started renting the house from the grandson who inherited it. But the house had no boxes or moving supplies. She did not know Peaches’ real name.  

And Peaches was not there.

 An officer asked the woman to call Peaches on her phone so he could talk to her.  Peaches answered and explained that she had just left the party to go to the store. When the officer asked her to return, Peaches refused because she was afraid of being arrested. The sergeant supervising the investigation also spoke with Peaches. At first, Peaches claimed to be renting the house from the owner, who was fixing it up for her.  She also said that she had given the attendees permission to have the party. When the sergeant again asked her who had given her permission to use the house, Peaches became evasive and hung up. The sergeant called her back, and she began yelling and insisting that she had permission before hanging up a second time. The officers eventually got Peaches on the phone again, and she admitted that she did not have permission to use the house.

 The officers then contacted the owner.  He told them that he had been trying to negotiate a lease with Peaches, but they had not reached an agreement. He confirmed that he had not given Peaches (or anyone else) permission to be in the house—let alone permission to use it for a bachelor party. At that point, the officers arrested the 21 partygoers for unlawful entry.  See D. C. Code §22–3302 (2008). The police transported the partygoers to the police station, where the lieutenant decided to charge them with disorderly conduct. See §22–1321.  The partygoers were released, and the charges were eventually dropped.[1]  

——————

II

 Respondents, 16 of the 21 partygoers, sued the District and five of the arresting officers. They sued the officers for false arrest under the Fourth Amendment, Rev. Stat. §1979, 42 U. S. C. §1983, and under District law. They  sued the District for false arrest and negligent supervision under District law.  The partygoers’ claims were all “predicated upon the allegation that [they] were arrested without probable cause.” 841 F. Supp. 2d, at 32.

 On cross-motions for summary judgment, the District Court awarded partial summary judgment to the party- goers. Id., at 48–49. It concluded that the officers lacked probable cause to arrest the partygoers for unlawful entry.[2]   Id., at 32–33.  The officers were told that Peaches had invited the partygoers to the house, the District Court reasoned, and nothing the officers learned in their investigation suggested the partygoers “‘knew or should have  known that [they were] entering against the [owner’s] will.’”  Id., at 32. The District Court also concluded that the officers were not entitled to qualified immunity under 1983.[3] It noted that, under District case law, “probable cause to arrest for unlawful entry requires evidence that the alleged intruder knew or should have known, upon entry, that such entry was against the will of the owner.” Id., at 37. And in its view, the officers had no such evidence. Id., at 32–33, 37–38.

——————

 With liability resolved, the case proceeded to trial on damages. The jury awarded the partygoers a total of $680,000 in compensatory damages.  After the District Court awarded attorney’s fees, the total award was nearly $1 million.

 On appeal, a divided panel of the D. C. Circuit affirmed.  On the question of probable cause, the panel majority made Peaches’ invitation “central” to its determination that the officers lacked probable cause to arrest the party- goers for unlawful entry. 765 F. 3d 13, 21 (2014).  The panel majority asserted that, “in the absence of any conflicting information, Peaches’ invitation vitiates the necessary element of [the partygoers’] intent to enter against the will of the lawful owner.”  Ibid. And the panel majority determined that “there is simply no evidence in the record that [the partygoers] had any reason to think the invitation was invalid.” Ibid.

 On the question of qualified immunity, the panel majority determined that it was “perfectly clear” that a person with “a good purpose and bona fide belief of her right to enter” lacks the necessary intent for unlawful entry.  Id., at 27. In other words, the officers needed “some evidence” that the partygoers “knew or should have known they were entering against the will of the lawful owner.”  Ibid.  

——————

And here, the panel majority asserted, the officers must “have known that uncontroverted evidence of an invitation to enter the premises would vitiate probable cause for unlawful entry.” Ibid.

 Judge Brown dissented. She concluded that summary judgment on the false-arrest claims was improper because, under the totality of the circumstances, a reasonable officer “could disbelieve [the partygoers’] claim of innocent entry” and infer that they knew or should have known that they did not have permission to be in the house.  Id., at 34. She also disagreed with the denial of qualified immunity, contending that a reasonable officer could have found probable cause to arrest in this “unusual factual scenario, not well represented in the controlling case law.”  Id., at 36.

 The D. C. Circuit denied rehearing en banc over the dissent of four judges. The dissenters focused on qualified immunity, contending that the panel opinion “contravene[d] . . . emphatic Supreme Court directives” that “police officers may not be held liable for damages unless the officers were ‘plainly incompetent’ or ‘knowingly violate[d]’ clearly established law.” 816 F. 3d 96, 102 (2016) (quoting Carroll v. Carman, 574 U. S. ___, ___ (2014) ( per curiam) (slip op., at 4)).  The panel majority—Judges  Pillard and Edwards—responded in a joint concurrence.  816 F. 3d, at 96–101.  They insisted that the panel opinion did not misapply the law of qualified immunity, and that their disagreement with the dissenters was a mere “casespecific assessment of the circumstantial evidence in the record.” Id., at 100.

 We granted certiorari to resolve two questions: whether the officers had probable cause to arrest the partygoers, and whether the officers were entitled to qualified immunity. See 580 U. S. ___ (2017).  We address each question in turn.

 

 

III   

 The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”  Because arrests are “seizures” of “persons,” they must be reasonable under the circumstances.  See Payton v. New York, 445 U. S. 573, 585 (1980).  A warrantless arrest is reasonable if the officer has probable cause to believe that the suspect committed a crime in the officer’s presence.  

Atwater v. Lago Vista, 532 U. S. 318, 354 (2001).  To determine whether an officer had probable cause for an arrest, “we examine the events leading up to the arrest, and then decide ‘whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to’ probable cause.”  Maryland v. Pringle, 540 U. S. 366, 371 (2003) (quoting Ornelas v. United States, 517 U. S. 690, 696 (1996)).  Because probable cause “deals with probabilities and depends on the totality of the circumstances,” 540 U. S., at 371, it is “a fluid concept” that is “not readily, or even usefully, reduced to a neat set of legal rules,” Illinois v. Gates, 462 U. S. 213, 232 (1983).  It “requires only a probability or substantial chance of criminal activity, not an actual showing of such activity.”  Id., at 243–244, n. 13 (1983).  Probable cause “is not a high bar.” Kaley v. United States, 571 U. S. ___, ___ (2014) (slip op., at 18).

A

 There is no dispute that the partygoers entered the house against the will of the owner.  Nonetheless, the partygoers contend that the officers lacked probable cause to arrest them because the officers had no reason to believe that they “knew or should have known” their “entry was unwanted.”  Ortberg v. United States, 81 A. 3d 303, 308 (D. C. 2013).  We disagree. Considering the totality of the circumstances, the officers made an “entirely reason- able inference” that the partygoers were knowingly taking advantage of a vacant house as a venue for their late-night party. Pringle, supra, at 372.

 Consider first the condition of the house. Multiple neighbors, including a former neighborhood official, informed the officers that the house had been vacant for several months.[4]  The house had no furniture, except for a few padded metal chairs and a bare mattress.  The rest of the house was empty, save for some fixtures and large appliances. The house had a few signs of inhabitance— working electricity and plumbing, blinds on the windows, toiletries in the bathroom, and food in the refrigerator.  But those facts are not necessarily inconsistent with the house being unoccupied.  The owner could have paid the utilities and kept the blinds while he looked for a new tenant, and the partygoers could have brought the food and toiletries. Although one woman told the officers that Peaches had recently moved in, the officers had reason to doubt that was true.  There were no boxes or other moving supplies in the house; nor were there other possessions, such as clothes in the closet, suggesting someone lived there.

 In addition to the condition of the house, consider the partygoers’ conduct. The party was still going strong when the officers arrived after 1 a.m., with music so loud that it could be heard from outside. Upon entering the house, multiple officers smelled marijuana.[5] The party-goers left beer bottles and cups of liquor on the floor, and they left the floor so dirty that one of them refused to sit on it. The living room had been converted into a makeshift strip club.  Strippers in bras and thongs, with cash stuffed in their garter belts, were giving lap dances.  Upstairs, the officers found a group of men with a single, naked woman on a bare mattress—the only bed in the house—along with multiple open condom wrappers and a used condom.

 Taken together, the condition of the house and the conduct of the partygoers allowed the officers to make several “‘common-sense conclusions about human behav- ior.’”   Gates, supra, at 231 (quoting United States v. Cortez, 449 U. S. 411, 418 (1981)).  Most homeowners do not live in near-barren houses.  And most homeowners do not invite people over to use their living room as a strip club, to have sex in their bedroom, to smoke marijuana inside, and to leave their floors filthy.  The officers could thus infer that the partygoers knew their party was not authorized.

 The partygoers’ reaction to the officers gave them further reason to believe that the partygoers knew they lacked permission to be in the house.  Many scattered at the sight of the uniformed officers. Two hid themselves, one in a closet and the other in a bathroom.  

“[U]nprovoked flight upon noticing the police,” we have explained, “is certainly suggestive” of wrongdoing and can be treated as “suspicious behavior” that factors into the totality of the circumstances.  Illinois v. Wardlow, 528 U. S. 119, 124–125 (2000).  In fact, “deliberately furtive actions and flight at the approach of . . . law officers are strong indicia of mens rea.Sibron v. New York, 392 U. S. 40, 66 (1968) (emphasis added). A reasonable officer could infer that the partygoers’ scattering and hiding was an indication that they knew they were not supposed to be there.

The partygoers’ answers to the officers’ questions also suggested their guilty state of mind.  When the officers asked who had given them permission to be there, the partygoers gave vague and implausible responses. They could not say who had invited them.  Only two people claimed that Peaches had invited them, and they were working the party instead of attending it.  If Peaches was the hostess, it was odd that none of the partygoers mentioned her name. Additionally, some of the partygoers claimed the event was a bachelor party, but no one could identify the bachelor. The officers could have disbelieved them, since people normally do not throw a bachelor party without a bachelor. Based on the vagueness and implausibility of the partygoers’ stories, the officers could have reasonably inferred that they were lying and that their lies suggested a guilty mind.  Cf. Devenpeck v. Alford, 543 U. S. 146, 149, 155–156 (2004) (noting that the suspect’s “untruthful and evasive” answers to police questioning could support probable cause).

 The panel majority relied heavily on the fact that Peaches said she had invited the partygoers to the house.  But when the officers spoke with Peaches, she was nervous, agitated, and evasive. Cf. Wardlow, supra, at 124 (explaining that the police can take a suspect’s “nervous, evasive behavior” into account).  After initially insisting that she had permission to use the house, she ultimately confessed that this was a lie—a fact that the owner confirmed. Peaches’ lying and evasive behavior gave the officers reason to discredit everything she had told them.  For example, the officers could have inferred that Peaches lied to them when she said she had invited the others to the house, which was consistent with the fact that hardly anyone at the party knew her name.  Or the officers could have inferred that Peaches told the partygoers (like she eventually told the police) that she was not actually renting the house, which was consistent with how the party- goers were treating it.

 Viewing these circumstances as a whole, a reasonable officer could conclude that there was probable cause to believe the partygoers knew they did not have permission to be in the house.

B

 In concluding otherwise, the panel majority engaged in an “excessively technical dissection” of the factors supporting probable cause. Gates, 462 U. S., at 234.  Indeed, the panel majority failed to follow two basic and wellestablished principles of law.

 First, the panel majority viewed each fact “in isolation, rather than as a factor in the totality of the circumstances.”  Pringle, 540 U. S., at 372, n. 2.  This was “mistaken in light of our precedents.”  Ibid. The “totality of the circumstances” requires courts to consider “the whole picture.”  Cortez, supra, at 417.  Our precedents recognize that the whole is often greater than the sum of its parts— especially when the parts are viewed in isolation.  See United States v. Arvizu, 534 U. S. 266, 277–278 (2002).  Instead of considering the facts as a whole, the panel majority took them one by one.  For example, it dismissed the fact that the partygoers “scattered or hid when the police entered the house” because that fact was “not sufficient standing alone to create probable cause.”  765 F. 3d, at 23 (emphasis added). Similarly, it found “nothing in the record suggesting that the condition of the house, on its own, should have alerted the [partygoers] that they were unwelcome.”  Ibid. (emphasis added). The totality-ofthe-circumstances test “precludes this sort of divide-andconquer analysis.” Arvizu, 534 U. S., at 274.  Second, the panel majority mistakenly believed that it could dismiss outright any circumstances that were “susceptible of innocent explanation.”  Id., at 277.  For example, the panel majority brushed aside the drinking and the lap dances as “consistent with” the partygoers’ explanation that they were having a bachelor party.  765 F. 3d, at 23.  And it similarly dismissed the condition of the house as

“entirely consistent with” Peaches being a “new tenant.”  Ibid.  But probable cause does not require officers to rule out a suspect’s innocent explanation for suspicious facts.  As we have explained, “the relevant inquiry is not whether particular conduct is ‘innocent’ or ‘guilty,’ but the degree of suspicion that attaches to particular types of noncriminal acts.” Gates, 462 U. S., at 244, n. 13.  Thus, the panel majority should have asked whether a reasonable officer could conclude—considering all of the surrounding circumstances, including the plausibility of the explanation itself—that there was a “substantial chance of criminal activity.”  Ibid.

 The circumstances here certainly suggested criminal activity. As explained, the officers found a group of people who claimed to be having a bachelor party with no bachelor, in a near-empty house, with strippers in the living room and sexual activity in the bedroom, and who fled at the first sign of police. The panel majority identified innocent explanations for most of these circumstances in isolation, but again, this kind of divide-and-conquer approach is improper. A factor viewed in isolation is often more “readily susceptible to an innocent explanation” than one viewed as part of a totality.  Arvizu, supra, at 274.  And here, the totality of the circumstances gave the officers plenty of reasons to doubt the partygoers’ protestations of innocence.

 For all of these reasons, we reverse the D. C. Circuit’s holding that the officers lacked probable cause to arrest. Accordingly, the District and its officers are entitled to summary judgment on all of the partygoers’ claims.[6]  

IV

 Our conclusion that the officers had probable cause to arrest the partygoers is sufficient to resolve this case.  But where, as here, the Court of Appeals erred on both the merits of the constitutional claim and the question of qualified immunity, “we have discretion to correct its errors at each step.”  Ashcroft v. al-Kidd, 563 U. S. 731, 735 (2011); see, e.g., Plumhoff v. Rickard, 572 U. S. ___ (2014). We exercise that discretion here because the D. C. Circuit’s analysis, if followed elsewhere, would “undermine the values qualified immunity seeks to promote.”  alKidd, supra, at 735.[7]  

A

 Under our precedents, officers are entitled to qualified immunity under §1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was “clearly established at the time.”  Reichle v. Howards, 566 U. S. 658, 664 (2012).  “Clearly established” means that, at the time of the officer’s conduct, the law was “‘sufficiently clear’ that every ‘reason-  able official would understand that what he is doing’ ” is  unlawful. al-Kidd, supra, at 741 (quoting Anderson v. Creighton, 483 U. S. 635, 640 (1987)).  In other words, existing law must have placed the constitutionality of the officer’s conduct “beyond debate.”  al-Kidd, supra, at 741.  This demanding standard protects “all but the plainly

 

incompetent or those who knowingly violate the law.”  Malley v. Briggs, 475 U. S. 335, 341 (1986).

 To be clearly established, a legal principle must have a sufficiently clear foundation in then-existing precedent.  The rule must be “settled law,” Hunter v. Bryant, 502 U. S. 224, 228 (1991) (per curiam), which means it is dictated by “controlling authority” or “a robust ‘consensus of cases of persuasive authority,’”  al-Kidd, supra, at 741–742 (quoting Wilson v. Layne, 526 U. S. 603, 617 (1999)).  It is not enough that the rule is suggested by then-existing precedent. The precedent must be clear enough that every reasonable official would interpret it to establish the particular rule the plaintiff seeks to apply.  See Reichle, 566 U. S., at 666.  Otherwise, the rule is not one that “every reasonable official” would know. Id., at 664 (internal quotation marks omitted).

 The “clearly established” standard also requires that the legal principle clearly prohibit the officer’s conduct in the particular circumstances before him.  The rule’s contours must be so well defined that it is “clear to a reasonable officer that his conduct was unlawful in the situation he confronted.”  Saucier v. Katz, 533 U. S. 194, 202 (2001).  This requires a high “degree of specificity.”  Mullenix v.

Luna, 577 U. S. ___, ___ (2015) (per curiam) (slip op., at 6).  We have repeatedly stressed that courts must not “define clearly established law at a high level of generality, since doing so avoids the crucial question whether the official acted reasonably in the particular circumstances that he or she faced.” Plumhoff, supra, at ___–___ (slip op., at 12– 13) (internal quotation marks and citation omitted).  A rule is too general if the unlawfulness of the officer’s conduct “does not follow immediately from the conclusion that [the rule] was firmly established.”  Anderson, supra, at 641.  In the context of a warrantless arrest, the rule must obviously resolve “whether ‘the circumstances with which [the particular officer] was confronted . . . constitute[d] probable cause.’”   Mullenix, supra, at ___ (slip op., at 6) (quoting Anderson, supra, at 640–641; some alterations in original).

 We have stressed that the “specificity” of the rule is

“especially important in the Fourth Amendment context.”  

Mullenix, supra, at ___ (slip op., at 5).  Probable cause “turn[s] on the assessment of probabilities in particular factual contexts” and cannot be “reduced to a neat set of legal rules.”  Gates, 462 U. S., at 232.  It is “incapable of precise definition or quantification into percentages.”  Pringle, 540 U. S., at 371.  Given its imprecise nature, officers will often find it difficult to know how the general standard of probable cause applies in “the precise situation encountered.” Ziglar v. Abbasi, 582 U. S. ___, ___ (2017) (slip op., at 28). Thus, we have stressed the need to “identify a case where an officer acting under similar circumstances . . . was held to have violated the Fourth Amendment.” White v. Pauly, 580 U. S. ___, ___ (2017)

(per curiam) (slip op., at 6); e.g., Plumhoff, supra, at ___.  While there does not have to be “a case directly on point,” existing precedent must place the lawfulness of the particular arrest “beyond debate.”  al-Kidd, supra, at 741. Of course, there can be the rare “obvious case,” where the unlawfulness of the officer’s conduct is sufficiently clear even though existing precedent does not address similar circumstances.  Brosseau v. Haugen, 543 U. S. 194, 199 (2004) (per curiam).  But “a body of relevant case law” is usually necessary to “‘clearly establish’ the answer” with            respect to probable cause. Ibid.

 Under these principles, we readily conclude that the officers here were entitled to qualified immunity.  We start by defining “the circumstances with which [the officers] w[ere] confronted.”  Anderson, 483 U. S., at 640.  The officers found a group of people in a house that the neighbors had identified as vacant, that appeared to be vacant, and that the partygoers were treating as vacant. The group scattered, and some hid, at the sight of law enforcement. Their explanations for being at the house were full of holes. The source of their claimed invitation admitted that she had no right to be in the house, and the owner confirmed that fact.

 Even assuming the officers lacked actual probable cause to arrest the partygoers, the officers are entitled to qualified immunity because they “reasonably but mistakenly conclude[d] that probable cause [wa]s present.”  Id., at 641. Tellingly, neither the panel majority nor the party- goers have identified a single precedent—much less a controlling case or robust consensus of cases—finding a Fourth Amendment violation “under similar circumstances.” Pauly, supra, at ___ (slip op., at 6).  And it should go without saying that this is not an “obvious case” where “a body of relevant case law” is not needed.  Brosseau, supra, at 199. The officers were thus entitled to qualified immunity.

B

 The panel majority did not follow this straightforward analysis. It instead reasoned that, under clearly established District law, a suspect’s “good purpose and bona fide belief of her right to enter” vitiates probable cause to arrest her for unlawful entry. 765 F. 3d, at 26–27.  The panel majority then concluded—in a two-sentence paragraph without any explanation—that the officers must have known that “uncontroverted evidence of an invitation to enter the premises would vitiate probable cause for unlawful entry.” Id., at 27.  By treating the invitation as “uncontroverted evidence,” the panel majority assumed that the officers could not infer the partygoers’ intent from other circumstances.  And by treating the invitation as if it automatically vitiated probable cause, the panel majority assumed that the officers could not disbelieve the party- goers’ story.

 The rule applied by the panel majority was not clearly established because it was not “settled law.”  Hunter, 502 U. S., at 228. The panel majority relied on a single decision, Smith v. United States, 281 A. 2d 438 (D. C. 1971).[8]   The defendant in Smith, who was found trespassing in a locked construction site near midnight, asserted that he was entitled to a jury instruction explaining that a bona fide belief of a right to enter is a complete defense to unlawful entry. Id., at 439–440.  The D. C. Court of Appeals affirmed the trial court’s refusal to give the instruction because the defendant had not established a “reasonable basis” for his alleged bona fide belief.  Ibid. Smith does not say anything about whether the officers here could infer from all the evidence that the partygoers knew that they were trespassing.

 Nor would it have been clear to every reasonable officer that, in these circumstances, the partygoers’ bona fide belief that they were invited to the house was “uncontroverted.” The officers knew that the partygoers had entered the home against the will of the owner.  And District case law suggested that officers can infer a suspect’s guilty state of mind based solely on his conduct.[9]  In  Tillman v.

Washington Metropolitan Area Transit Authority, 695 A. 2d 94 (D. C. 1997), for example, the D. C. Court of Appeals held that officers had probable cause to believe the plaintiff knowingly entered the paid area of a subway station without paying. Id., at 96. The court rejected the argument that “the officers had no reason to believe that [the suspect] was ‘knowingly’ in the paid area” because the officers “reasonably could have inferred from [the suspect’s] undisputed conduct that he had the intent required.” Ibid.  The court emphasized that officers can rely on “the ordinary and reasonable inference that people know what they are doing when they act.”  Ibid. The court also noted that “it would be an unusual case where the circumstances, while undoubtedly proving an unlawful act, nonetheless demonstrated so clearly that the suspect lacked the required intent that the police would not even have probable cause for an arrest.”  Ibid.  And the fact that a case is unusual, we have held, is “an important indication . . . that [the officer’s] conduct did not violate a ‘clearly established’ right.” Pauly, 580 U. S., at ___ (slip op., at 7).

 Moreover, existing precedent would have given the officers reason to doubt that they had to accept the party- goers’ assertion of a bona fide belief.  The D. C. Court of Appeals has held that officers are not required to take a suspect’s innocent explanation at face value.  See, e.g., Nichols v. Woodward & Lothrop, Inc., 322 A. 2d 283, 286 (1974) (holding that an officer was not “obliged to believe the explanation of a suspected shoplifter”).  Similar precedent exists in the Federal Courts of Appeals, which have recognized that officers are free to disregard either all innocent explanations,[10] or at least innocent explanations

that are inherently or circumstantially implausible.[11]   These cases suggest that innocent explanations— even uncontradicted ones—do not have any automatic, probable-cause-vitiating effect.

 For these reasons, a reasonable officer, looking at the entire legal landscape at the time of the arrests, could have interpreted the law as permitting the arrests here.  There was no controlling case holding that a bona fide belief of a right to enter defeats probable cause, that officers cannot infer a suspect’s guilty state of mind based on his conduct alone, or that officers must accept a suspect’s innocent explanation at face value.  Indeed, several precedents suggested the opposite.  The officers were thus entitled to summary judgment based on qualified immunity.

*  *  *

 The judgment of the D. C. Circuit is therefore reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

——————

 

1

JUSTICE SOTOMAYOR, concurring in part and concurring in the judgment.

 I agree with the majority that the officers here are entitled to qualified immunity and, for that reason alone, I concur in the Court’s judgment reversing the judgment of the Court of Appeals for the District of Columbia.  But, I

disagree with the majority’s decision to reach the merits of the probable-cause question, which it does apparently only to ensure that, in addition to respondents’ 42 U. S. C. §1983 claims, the Court’s decision will resolve respondents’ state-law claims of false arrest and negligent su- pervision. See ante, at 13, n. 7.  It is possible that our qualified-immunity decision alone will resolve those claims.  See Reply Brief 20, n. 7.  In light of the lack of a dispute on an important legal question and the heavily factbound nature of the probable-cause determination here, I do not think that the Court should have reached that issue.  The lower courts are well equipped to handle the remaining state-law claims in the first instance.

1

 

-------------------------------------

JUSTICE GINSBURG, concurring in the judgment in part.

 This case, well described in the opinion of the Court of Appeals,* leads me to question whether this Court, in assessing probable cause, should continue to ignore why police in fact acted. See ante, at 4, n. 2.  No arrests of plaintiffs-respondents were made until Sergeant Suber so instructed.  His instruction, when conveyed to the officers he superintended, was based on an error of law.  Sergeant Suber believed that the absence of the premises owner’s consent, an uncontested fact in this case, sufficed to justify arrest of the partygoers for unlawful entry.  See App. 60 (Suber deposition) (officers had probable cause to arrest because “Peaches did not have the right, nor did the [partygoers] have the right[,] to be inside that location”).  An essential element of unlawful entry in the District of Columbia is that the defendant “knew or should have known that his entry was unwanted.”  Ortberg v. United States, 81 A. 3d 303, 308 (D. C. 2013).  But under Sergeant Suber’s view of the law, what the arrestees knew or should have known was irrelevant. They could be arrested, as he comprehended the law, even if they believed their entry was invited by a lawful occupant.

 Ultimately, plaintiffs-respondents were not booked for unlawful entry. Instead, they were charged at the police station with disorderly conduct.  Yet no police officers at the site testified to having observed any activities warranting a disorderly conduct charge.  Quite the opposite.  The officers at the scene of the arrest uniformly testified that they had neither seen nor heard anything that would justify such a charge, and Sergeant Suber specifically advised his superiors that the charge was unwarranted. See 765 F. 3d 13, 18 (CADC 2014); App. 56, 62–63, 79, 84, 90, 103.

 The Court’s jurisprudence, I am concerned, sets the balance too heavily in favor of police unaccountability to the detriment of Fourth Amendment protection.  A number of commentators have criticized the path we charted in Whren v. United States, 517 U. S. 806 (1996), and follow-on opinions, holding that “an arresting officer’s state of mind . . . is irrelevant to the existence of probable cause,” Devenpeck v. Alford, 543 U. S. 146, 153 (2004).  See, e.g., 1 W. LaFave, Search and Seizure §1.4(f), p. 186 (5th ed.  2012) (“The apparent assumption of the Court in Whren, that no significant problem of police arbitrariness can exist as to actions taken with probable cause, blinks at reality.”). I would leave open, for reexamination in a future case, whether a police officer’s reason for acting, in at least some circumstances, should factor into the Fourth Amendment inquiry.  Given the current state of the Court’s precedent, however, I agree that the disposition gained by plaintiffs-respondents was not warranted by “settled law.” The defendants-petitioners are therefore sheltered by qualified immunity.

 

——————

*The Court’s account of the undisputed facts goes beyond those re- cited by the Court of Appeals.  Compare ante, at 1–3, with 765 F. 3d 13, 17–18 (CADC 2014).

 

 

[1] In their merits brief, the partygoers attempt to dispute several of these facts.  See Brief for Respondents 26–30.  But the facts they now contest were presented in the petition for a writ of certiorari, and the partygoers did not contest them in their brief in opposition.  Under this Court’s Rule 15.2, the partygoers’ failure to contest these factual assertions at the certiorari stage waived their right to do so at the merits stage. See Carcieri v. Salazar, 555 U. S. 379, 395–396 (2009).  Furthermore, although both parties moved for summary judgment, the undisputed facts here are sufficient to resolve both probable cause and qualified immunity.  Our analysis thus would not change no matter which party is considered the moving party. Cf.  Scott v. Harris, 550 U. S. 372, 378–379 (2007) (explaining that, at summary judgment, courts must view the facts and draw reasonable inferences in favor of the nonmoving party).  

[2] Because probable cause is an objective standard, an arrest is lawful if the officer had probable cause to arrest for any offense, not just the offense cited at the time of arrest or booking.  See Devenpeck v. Alford, 543 U. S. 146, 153–155, and n. 2 (2004).  Because unlawful entry is the only offense that the District and its officers discuss in their briefs to this Court, we likewise limit our analysis to that offense.

[3] The District Court granted summary judgment against two of the officers, but denied summary judgment against the other three because there were triable issues regarding qualified immunity.  See 841 F. Supp. 2d 20, 32–46 (DC 2012).  The partygoers voluntarily dismissed their claims against those three officers.  See 765 F. 3d 13, 17 (CADC 2014).

[4] At oral argument, the partygoers argued that the house was not formally “vacant” under District law.  Tr. of Oral Arg. 34.  But a reasonable officer could infer that the complaining neighbors used the term “vacant” in the colloquial, not the legal, sense.

[5] The panel majority dismissed this fact because the officers “did not see any evidence of drugs” and did “not attempt to justify [the] arrests” based on drug use.  765 F. 3d, at 23, n. 5.  But a reasonable officer could infer, based on the smell, that marijuana had been used in the house.  See Johnson v. United States, 333 U. S. 10, 13 (1948) (noting that “the odor” of narcotics can “be evidence of the most persuasive character”).  And the officers could consider the drug use inside the house as evidence that the partygoers knew their presence was unwelcome.

[6] The partygoers do not contest that the presence of probable cause defeats all of their claims.

[7] We continue to stress that lower courts “should think hard, and then think hard again,” before addressing both qualified immunity and the merits of an underlying constitutional claim.  Camreta v. Greene, 563 U. S. 692, 707 (2011).  We addressed the merits of probable cause here, however, because a decision on qualified immunity alone would not have resolved all of the claims in this case.

[8] We have not yet decided what precedents—other than our own— qualify as controlling authority for purposes of qualified immunity.  See, e.g., Reichle v. Howards, 566 U. S. 658, 665–666 (2012) (reserving the question whether court of appeals decisions can be “a dispositive source of clearly established law”).  We express no view on that question here.  Relatedly, our citation to and discussion of various lower court precedents should not be construed as agreeing or disagreeing with them, or endorsing a particular reading of them.  See City and County of San Francisco v. Sheehan, 575 U. S. ___, ___, n. 4 (2015) (slip op., at 14, n. 4).  Instead, we address only how a reasonable official “could have interpreted” them.  Reichle, supra, at 667.

[9] The officers cited many of these authorities in their opening brief to the Court of Appeals.  See Brief for Appellants in No. 12–7127 (CADC), pp. 28–29.  Yet the panel majority failed to mention any of them in its analysis of qualified immunity.

[10] See, e.g., Borgman v. Kedley, 646 F. 3d 518, 524 (CA8 2011) (“[An officer] need not rely on an explanation given by the suspect”); Cox v. Hainey, 391 F. 3d 25, 32, n. 2 (CA1 2004) (“A reasonable police officer is not required to credit a suspect’s story”); Marx v. Gumbinner, 905 F. 2d 1503, 1507, n. 6 (CA11 1990) (“[Officers a]re not required to forego arresting [a suspect] based on initially discovered facts showing probable cause simply because [the suspect] offered a different explanation”); Criss v. Kent, 867 F. 2d 259, 263 (CA6 1988) (“A policeman . . . is under no obligation to give any credence to a suspect’s story . . . ”).

 

[11] See e.g., Ramirez v. Buena Park, 560 F. 3d 1012, 1024 (CA9 2009) (holding that “innocent explanations for [a suspect’s] odd behavior cannot eliminate the suspicious facts” and that “law enforcement officers do not have to rule out the possibility of innocent behavior” (internal quotation marks omitted)); United States v. Edwards, 632 F. 3d 633, 640 (CA10 2001) (holding that probable cause existed where the suspect “offered only implausible, inconsistent explanations of how he came into possession of the money”); Bradway v. Gonzales, 26 F. 3d 313, 321 (CA2 1994) (holding that “[a] reasonable officer who found the [stolen items], and who heard [the suspect’s] implausible explanation for possessing them, would have believed that probable cause existed”).