Florida v. Bostick: Facts

As part of a drug interdiction effort, two police officers boarded a Miami to Jacksonville bus during a stopover. Without articulable suspicion, they asked a passenger for his ticket and identification. Explaining that they were looking for drugs, they asked the man for permission to search his luggage, advising him that he had the right to refuse. He agreed and they found cocaine. When charged with trafficking in cocaine, the man moved to suppress its use as evidence on the ground that it had been seized in violation of the Fourth Amendment. The trial court denied his motion and he pleaded guilty but reserved the right to appeal the denial of his motion to suppress. He was convicted and, on appeal, the case moved through the Florida District Court of Appeals to the Florida Supreme Court. That court ruled that 1) the passenger had been seized because a reasonable person in his situation would not have felt free to leave the bus to avoid police questioning and 2) held that an impermissible seizure results when police mount a drug search on buses during scheduled stops and question boarded passengers without articulable reasons for doing so, thereby obtaining consent to search the passenger's luggage.


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