Page 67 - March April 2020 TPA

incriminating evidence will be found. The record does not support finding that the police
However, when “the question of voluntariness performed an unconstitutional Terry pat down of
pervades both the search and seizure inquiries, the Wise. Terry stops represent a narrow exception to
respective analyses turn on very similar facts.” As the Fourth Amendment’s general prohibition
noted, the police did not unreasonably seize Wise. against warrantless searches and seizures.
The record provides no basis for finding that he did “Under Terry, if a law enforcement officer can
not voluntarily answer the officers’ questions and point to specific and articulable facts that lead him
consent to their requests. Thus, we conclude that to reasonably suspect that a particular person is
Wise’s interactions with the officers were committing, or is about to commit, a crime, the
consensual. officer may briefly detain—that is, ‘seize’—the
The police did not need Wise’s consent to search person to investigate.” Officers may “draw on their
the backpack. Wise forfeited any reasonable own experience and specialized training to make
expectation of privacy in the backpack when he inferences from and deductions about the
voluntarily disclaimed ownership. Wise cumulative information available to them that
acknowledges that he “expressly disclaimed ‘might well elude an untrained person.’”
ownership or recognition of [the backpack].” An Determining the reasonableness of the officer’s
individual who voluntarily disclaims ownership of suspicion requires assessing the “totality of the
a piece of luggage is considered to have abandoned circumstances” prior to the stop.
that luggage. See United States v. Roman, 849 F.2d Consensual encounters between the police and
920, 922 (5th Cir. 1988). The individual forfeits civilians, however, do not implicate the Fourth
any expectation of privacy in that luggage and Amendment. We determined in Williams that when
lacks standing to challenge any unlawful search or police officers asked a Greyhound passenger to
seizure of the luggage. Thus, after disclaiming disembark and accompany them to the bus
ownership, Wise no longer had any reasonable terminal’s baggage handling area for the purpose
expectation of privacy in the backpack, so he could of answering questions—and the passenger
not challenge the subsequent search. voluntarily complied—a Terry stop did not occur.
Wise argues that the police performed an Here, the police asked Wise to speak with them off
unconstitutional Terry pat down on him. He the bus. The police did not indicate that his
contends that when the police asked him to leave compliance was required. Once off the bus, the
the bus and come with them, the police had police did not restrain Wise. They also did not tell
detained him. He argues that the officers’ request him that he must obey their requests. The police
for him to empty his pockets constituted a pat asked Wise to empty his pockets, and he complied.
down. Additionally, Wise asserts that the He also complied with the police officers’ requests
detectives’ decision to take his keys was outside the to show them his identification card and keys. Wise
permissible scope of a Terry stop. has not explained why this interaction was anything
The Government contends that Wise voluntarily but a consensual encounter.
disembarked from the bus as requested by the Even if Wise could characterize the interaction as a
officers. The officers did not order Wise off the bus. Terry stop-and-frisk, the stop-and-frisk would be
Moreover, Wise emptied his pockets as a permissible under the Fourth Amendment.
consequence of the detectives’ requests; the Detectives Sanders and Sauceda, drawing on their
detectives did not frisk Wise or force him to empty experience and specialized training, could
his pockets. Thus, the Government concludes, Wise reasonably infer from the circumstances
voluntarily emptied his pockets. Similarly, Wise surrounding their interaction with Wise that he may
gave his keys to the detectives upon their request. have been in the process of committing a crime.

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