D.Mass.: The drug/currency courier profile is back

United States v. $48,940 in United States Currency, 2022 U.S. Dist. LEXIS 51246 (D.Mass. Mar. 22, 2022):

At the time SA DiFiore seized Barosy’s bags for further investigation, he knew that (1) Barosy’s flight reservations and appearance at the airport fit the known pattern of narcotics and currency couriers—Barosy booked his flight to a known drug source city last minute, cancelled last minute, rebooked for early the next morning, and arrived at the airport just fifteen minutes before his departure time; (2) Barosy had been charged with drug-related offenses in the past; and (3) he was associated with the email address of Steve Pierre two years prior. Barosy’s behavior during the encounter with SA DiFiore and Sgt. Lopes only validated that suspicion. Barosy could not provide basic details about his travel plans or the last name of his purported business partner. See, e.g., United States v. Marrocco, 578 F.3d 627, 633-34 (7th Cir. 2009) (concluding that “[t]he officers were permitted to consider [suspect’s] responses and mannerisms, the circumstances surrounding his ticket purchase, their own experience and knowledge, and the ‘characteristics of persons engaged in illegal activities,’ when determining whether the [luggage] was likely to contain contraband” (citation omitted)). Based on these facts—viewed in their totality—SA DiFiore had particular, articulable reason to suspect that Barosy’s bags contained evidence of drug trafficking that justified detaining the bags to further investigate with a sniff test.