Florida v. Bostick

501 U.S. 429 (1991)

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Nature of the Case

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Facts

Two officers boarded a bus bound from Miami to Atlanta during a stopover in Fort Lauderdale. Without any articulable suspicion, the officers picked out Bostick (D). They asked to inspect his ticket and identification. Both were returned to D immediately. The officers then explained to D that they were narcotics agents, looking for illegal drugs. The officers asked to search D's luggage. They advised D that he had the right to refuse consent. Whether or not he consented (this fact is in dispute), the officers checked his bag and found cocaine. D moved to suppress the evidence on the grounds that it had been seized in violation of his 4th Amendment rights. The Florida Supreme Court adopted a per se rule that this practice was unconstitutional. The state (P) appealed. The Supreme Court remanded to evaluate the seizure question under the correct legal standard since the 'free to leave' analysis was inapplicable.