U.S. v. WARD

No. 90-2279.

961 F.2d 1526 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Angelo WARD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 22, 1992.


Attorney(s) appearing for the Case

Peter Schoenburg, Asst. Federal Public Defender, Albuquerque, N.M. (Tova Indritz, Federal Public Defender, with him on the briefs), for defendant-appellant.

David N. Williams, Asst. U.S. Atty., Albuquerque, N.M. (William L. Lutz, U.S. Atty., and Stephen R. Kotz, Asst. U.S. Atty., with him on the brief), for plaintiff-appellee.

Before McKAY, Chief Judge, LOGAN, Circuit Judge, and SAM, District Judge.


LOGAN, Circuit Judge.

In Florida v. Bostick, ___ U.S. ___, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991), the Supreme Court rejected a per se rule that would prohibit law enforcement officers from questioning bus passengers about criminal activity without reasonable suspicion. It held that a police encounter on a bus does not necessarily constitute a seizure within the meaning of the Fourth Amendment — does not lose its consensual nature — just because...

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