In re J.M.

As a matter of law, I would have concluded that J.M. was seized when cornered by drug interdiction officers on board the bus. Moreover, even accepting the facts as developed at trial, I could not have concluded that J.M. freely consented to an intrusive body search. With the issue of consent still open, however, I want to go1 on record as agreeing with my colleagues that, on remand, the trial court must consider J.M.’s youth. Moreover, to speak the “unspeakable,” 1 the trial court should also consider the fact that J.M. was a fourteen year old black youth who had no previous involvement with…