On January 3, 1978, two plainclothes detectives from the Dade County Public Safety Department observed Mark Royer at Miami International Airport as he purchased a one-way ticket to New York City under the name "Holt" and checked two suitcases bearing identification tags with that name and the destination La Guardia. The detectives believed Royer's appearance, mannerisms, luggage, and actions matched the drug courier profile, including paying cash for the ticket and appearing nervous, so they approached him, identified themselves as police officers, and asked if he had a moment to speak.
Royer agreed to the encounter and produced his airline ticket in the name of Holt along with his driver's license in his correct name. When questioned about the name discrepancy, Royer explained that a friend had made the reservation. The detectives then informed Royer they were narcotics investigators who suspected him of transporting narcotics. They did not return his ticket or license. Instead they asked him to accompany them to a small room approximately 40 feet away.
Royer went with the officers without objection to the room, which Detective Johnson later described as a large storage closet in the stewardesses' lounge containing a desk and two chairs. Without Royer's consent, one detective retrieved his luggage using the baggage check stubs and brought the suitcases to the room. The officers asked Royer if he would consent to a search of the suitcases, and he produced a key to unlock one, which the detective opened to reveal marijuana.
Royer stated he did not know the combination to the second suitcase but said "no, go ahead" when asked if he objected to it being opened, and the officers pried it open to find more marijuana. Approximately 15 minutes had elapsed from the initial approach until Royer was placed under arrest. Prior to trial on charges of felony possession of marijuana, Royer moved to suppress the evidence from the search, but the trial court denied the motion after finding the consent freely and voluntarily given.
Royer then entered a nolo contendere plea, reserving the right to appeal the suppression ruling, and was convicted. The Florida District Court of Appeal, sitting en banc, reversed the conviction. The Florida Supreme Court dismissed the appeal, and the United States Supreme Court granted certiorari.
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