United States v. Ervin Herman Flowers

WILKINSON, Circuit Judge:

The issue before us is whether appellant Flowers, a passenger on a Greyhound bus, was unlawfully seized when two narcotics officers entered the bus during a routine rest stop and initiated conversation with him. The district court, 724 F.Supp. 1206, held that Flowers was not seized within the meaning of the Fourth Amendment since a reasonable person would have believed that he was free to decline to answer question or to leave the bus. See United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 1877, 64 L.Ed.2d 497 (1980). We affirm the judgment of the…