| Court: | US Supreme Court |
| Facts: | Bostick and pal are riding on the bus with luggage full of drugs. They both consent to letting the police search, when the bus is boarded. |
| Posture: | The FL Supreme Court adopts a special standard that says searches in buses are per se unconstitutional because people wouldnt feel free to leave. |
| Issue: | Are police forbidden to ask for consent to search on buses? |
| Holding: | No. |
| Rule: | The reasonableness of the search must be determined based on the totality of the circumstances. |
| Reasoning: | The mere fact that you don't feel free to leave doesn't establish that you've been siezed, nor does mere police questioning. People aren't compelled to answer questions, or to give consent. The real question is whether the police conduct would make a reasonable person feel that he/she is not free to decline the request or terminate the encounter. This isn't something a per se rule can answer. |
| Dicta: | |