United States v. Steven Angelo Ward

LOGAN, Circuit Judge.

In Florida v. Bostick, - U.S. -, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991), the Supreme Court rejected a per se rule that would prohibit law enforcement officers from questioning bus passengers about criminal activity without reasonable suspicion. It held that a police encounter on a bus does not necessarily constitute a seizure within the meaning of the Fourth Amendment — does not lose its consensual nature — just because it takes place in the “cramped confines” of a bus. Id. 111 S.Ct. at 2389. The decision stated that the Fourth Amendment inquiry applies equally to police…