Page 61 - May June 2019 TPA Journal

interdictions. The Supreme Court, however, the search. After the luggage search, the officer
disagreed that randomly questioning a bus asked to search the person of one of the
passenger constitutes a per se unreasonable passengers. The passenger consented. The officer
seizure. The proper inquiry for whether a bus felt hard objects on the passenger’s upper thighs;
passenger has been seized by police is “whether a he believed these were drug packages. He then
reasonable person would feel free to decline the arrested the passenger. A similar process
officers’ requests or otherwise terminate the transpired with the other passenger.
encounter.” The Court explained that “no seizure
occurs when police ask questions of an individual, The Court concluded that the interaction between
ask to examine the individual’s identification, and the officers and the passengers did not amount to
request consent to search his or her luggage—so an unconstitutional seizure. The Court reiterated
long as the officers do not convey a message that the Bostick test for whether a bus passenger was
compliance with their requests is required.” As unconstitutionally seized: the test “is whether a
the Court noted, “the mere fact that [the reasonable person would feel free to decline the
respondent] did not feel free to leave the bus does officers’ requests or otherwise terminate the
not mean that the police seized him.” The Court encounter.” The Court found that “the police did
understood that the respondent’s movements were not seize respondents when they boarded the bus
confined because he was on a bus. But it and began questioning passengers” because
concluded that “this was the natural result of his “[t]here was no application of force, no
decision to take the bus; it says nothing about intimidating movement, no overwhelming show
whether or not the police conduct at issue was of force, no brandishing of weapons, no blocking
coercive.” of exits, no threat, no command, not even an
authoritative tone of voice.” The Court again
The Drayton Court evaluated whether police rejected the argument that because the encounter
officers who boarded a Greyhound and questioned took place on a stopped interstate bus, an
certain passengers had unconstitutionally seized individual would not feel free to leave the bus or
the passengers whom they questioned. During a terminate the encounter. The Court speculated
scheduled stop, police boarded a Greyhound bus that passengers may even feel less pressured to
as part of a routine drug and weapons interdiction cooperate with police officers while on a bus—
effort. “The officers were dressed in plain clothes compared to an encounter elsewhere—thanks to
and carried concealed weapons and visible the presence of other passengers as witnesses.
badges.” Three officers boarded the bus. One
officer kneeled on the driver’s seat and faced the Here, the record does not support finding that the
passengers, so he could monitor them. Another detectives seized Wise when they approached him,
officer stationed himself in the rear of the bus. A asked to see his identification, and requested his
third officer walked down the aisle, questioning consent to search his luggage. Salient Drayton
passengers. While questioning passengers, the factors are present. Detectives Sanders and
officer avoided blocking the aisle by standing Sauceda gave the Greyhound passengers no
“next to or just behind each passenger with whom reason to believe that they were required to answer
[the officer] spoke.” One officer approached two the detectives’ questions. Detective Sanders, the
individuals who were sitting next to one another. primary questioning officer, did not brandish a
The officer showed the individuals his police weapon or make any intimidating movements.
badge. Then, speaking in a conversational tone, The officers left the aisle free for passengers to
he identified himself and asked to search the exit. Detective Sanders questioned Wise from behind
passengers’ luggage. The passengers consented to his seat, leaving the aisle free. Detective Sanders
spoke to Wise individually. He used a conversational

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