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D.Kan.: Bus encounter was not consensual

By John Wesley Hall, Jr.

Defendant’s bus encounter was not consensual because the officer was big and standing over him. United States v. Aquino, 2010 U.S. Dist. LEXIS 139934 (D. Kan. November 30, 2010)*: Although the questioning did not require Miranda warnings, no reasonable person would feel free to disregard the officer and go about his business. Aquino was seated in a bus with Investigator Lutter, who stands 6'6" and weighs more than 250 pounds, standing over him asking him questions while another officer, Investigator Scott, kneeled on an empty seat between Aquino and the front door of the bus (TR. 42-43). Aquino answered Investigator Lutter's questions, produced his bus ticket and identification, and "complied" with Investigator Lutter's request to step off the bus and identify his luggage...continue to full post

Full post as published by Fourth Amendment on January 23, 2011 (boomark / email).