Also known as:traffic · trafficked · traffics · human trafficking · drug trafficking · narcotics trafficking
Written by attorneys · grounded in primary & secondary sources — see below
The illegal commercial dealing in controlled substances. The activity triggers comprehensive federal regulatory schemes that permit aggregation of intrastate conduct to establish substantial effects on interstate commerce.
Sources & Authorities
How it applies
Common Examples
5
Home Cultivation Investigation
Theo Thomas grows marijuana plants in his basement for personal medical use under state law. Federal agents obtain a warrant after linking his activity to a larger distribution network. The court upholds the warrant because the intrastate cultivation falls within the federal scheme regulating drug trafficking.
Vehicle Dog Sniff During Stop
Tyler Taylor is pulled over for a broken taillight. While the officer writes the citation, a drug dog alerts on the trunk. The alert leads to discovery of packaged narcotics. The sniff is upheld because it occurred within the time of the lawful stop and revealed only the presence of contraband linked to trafficking.
Passenger Ordered From Vehicle
Put it into practice
Test Yourself
10
Practice Questions5
· 16 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Restatements
Study Supplements
Talia Torres rides as a passenger in a car stopped for speeding. Officers order her out of the vehicle while they question the driver about suspected drug transport. The order is valid even without suspicion that she is involved in trafficking.
Pretextual Traffic Stop
Tonya Takahashi is stopped for an expired registration tag. Officers admit they hoped to find evidence of drug trafficking. The stop remains valid because probable cause existed for the traffic violation regardless of the officers' subjective motive.
Agency Interpretation Challenge
Thomas Thompson challenges a federal agency rule that treats certain intrastate transfers as trafficking violations. The court reviews the rule de novo rather than deferring to the agency's reading of the statute.
Loper Bright Enterprises v. Raimondo144 S. Ct. 2244 (2024)
Common questions
Frequently Asked
4
Does intrastate marijuana cultivation fall under federal trafficking regulation?+
Yes. When part of a comprehensive federal scheme, courts may aggregate the effects of intrastate economic activity to find a substantial effect on interstate commerce.
Supporting sources
May officers extend a traffic stop to conduct a dog sniff for drugs?+
No. The sniff must occur within the time reasonably required to complete the original traffic mission and does not require separate suspicion.
Supporting sources
Can officers order passengers out of a vehicle during a stop related to trafficking suspicions?+
Yes. Officer safety permits ordering passengers out even without individualized suspicion of danger.
Supporting sources
Does an officer's pretextual desire to investigate trafficking invalidate a traffic stop?+
No. Probable cause for a traffic violation makes the stop reasonable regardless of subjective motives.
Supporting sources
Criminal Law & ProcedureConstitutional protection of accused persons · Arrest, search and seizureUBEIntermediate