Florida V Bostick Ruling

The court observed that federal state and local law enforcement authorities often assignpolice officers to airports train stations and bus depots to watch for suspicious activity.

Florida v bostick ruling. The florida supreme court indicated that one officer carried a zipper pouch containing a pistol the equivalent of carrying a gun in a holster but the court did not suggest that the gun was ever removed from its pouch pointed at bostick or otherwise used in a threatening manner. The united states supreme curt reversed and rejected the florida supreme court s per serule. Decided june 20 1991. The florida supreme court reasoned that bostick had been seized because a reasonable passenger in his situation would not have felt free to leave the bus to avoid questioning by the police.

The syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions for the convenience of the reader. February 26 1991 decided. Second at no time did the officers threaten bostick with a gun. The court ruled that the fact that the search takes place on a bus is one factor in determining whether a suspect feels free to decline the search and walk away from the officers.

On appeal the florida district court of appeal affirmed the trial court s decision not to suppress the cocaine but certified the issue to the florida supreme court. Bostick appears to have disputed the point but as the florida supreme court noted explicitly the trial court resolved this evidentiary conflict in the state s favor. As part of a drug interdiction effort broward county sheriff s department officers routinely board buses at scheduled stops and ask passengers for permission to search their luggage. The florida district court of appeal affirmed the trial court s ruling but certified a question to the florida supreme court.

429 was a united states supreme court case that overturned a per se rule imposed by the florida supreme court that held consensual searches of passengers on buses were always unreasonable. As part of a drug interdiction effort broward county sheriff s department officers routinely board buses at scheduled stops and ask passengers for permission to search their luggage. 429 1991 florida v. The trial court denied the motion and bostick pleaded guilty.

Bostick moved the trial court to suppress the cocaine arguing that the search violated the fourth amendment. Argued february 26 1991 decided june 20 1991.