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Florida v. Bostick
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Florida v. Bostick : ウィキペディア英語版
Florida v. Bostick

''Florida v. Bostick'', , overturned a per se rule imposed by the Florida Supreme Court that held consensual searches of passengers on buses were always unreasonable. 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.
Joan Fowler argued the case for the State of Florida. Solicitor General Kenneth Starr also argued for reversing the judgment of the Florida Supreme Court. Donald Ayer argued for Bostick. The ACLU submitted an amicus curiae brief on Bostick's behalf.
==Facts of the case==

The sheriff's department in Broward County, Florida, instituted a drug interdiction program. A bus bound from Miami to Atlanta made a stop in Fort Lauderdale, and two Broward County sheriff's department officers boarded. The two officers approached Bostick, who was a passenger on the bus, and asked him for his ticket and his identification. They then explained that they were narcotics interdiction officers, and asked Bostick for permission to search his luggage. They specifically told Bostick that he could refuse them permission to search his luggage. The officers found cocaine in Bostick's luggage, and arrested him.
Bostick asked the trial court to suppress the cocaine. The trial court denied the motion, and Bostick pleaded guilty to trafficking in cocaine but specifically reserved the right to appeal the denial of his suppression motion. The intermediate appellate court affirmed, but the Florida Supreme Court ruled that the search violated the Fourth Amendment because it took place on a bus. The State of Florida petitioned the U.S. Supreme Court for a writ of certiorari, which was granted.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Florida v. Bostick」の詳細全文を読む



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