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Florida
v. Bostick
U.S. Supreme Court (1991)
Author:- Bubba
I really hope you enjoy my miniBriefs -Bubba
Facts:- In order to fight the drugh trafficking problems, the Broward County police department adopted a policy of randomly checking passangers of buses. The respondent was a passanger on a bus and two police officers came up to him and started asking him questions. They requested to check the respondent's luggage and told him that he could refuse. The respondent allowed the search and the officers found cocaine in the luggage. Bostick argued that he was illegaly seized by the officers who did not have reasonable suspicion to seize him.
Issue:- Did the police encounter constituted a seizure under the Fourth Amendment?
Holding:- No
Reasoning:- The court reasoned that the officers did not show any use of authority or displayed any weapons which would make the defendant seized under the Fourth Amendment. The officers clearly informed the defendant of his rights to refuse their request to search the luggage. The defendant made the choice of riding in a bus and the fact that he felt not free to leave in the crowded bus environment does not mean that he was seized under the Fourth Amendment.