Supreme Court of the United States

United States v. Drayton — Souter, J., Dissenting

June 17, 2002536 U.S. 194

Summary

Justice Souter dissents, arguing that the police encounter with bus passengers was an unconstitutional seizure under the Fourth Amendment due to the cramped conditions, the number of officers, and the authoritative manner in which the interdiction was conducted. He contends that no reasonable passenger would feel free to terminate the encounter, thereby invalidating any subsequent consent to search.