The Florida v. Bostick decision raises important Fourth Amendment questions regarding police encounters with citizens.
Part I of this Note discusses the development of the legal standard used for determining when a consensual encounter results in an impermissible seizure. Part II reviews the Bostick decision. Part III analyzes the impact of the Bostick decision. This section argues that: (1) the status of the legal standard to be used in consensual encounter cases is now uncertain as a result of the Court's holding; (2) the Court sent a strong message to individuals and the law enforcement community by refusing to decide the seizure issue although it had the facts available to do so, and by reversing the Florida Supreme Court's per se rule; and (3) the Court's decisions in Bostick and California v. Hodari D. could signal a new expansion of police power in encounters with private citizens which do not trigger Fourth Amendment scrutiny.
Spallino, James Jr.
"The Search for the Fourth Amendment Seizure: It Won't Be Found on a Bus - Florida v. Bostick,"
Akron Law Review: Vol. 25
, Article 8.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol25/iss2/8