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U.S. v. FLOWERS

No. 89-5820.

912 F.2d 707 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Ervin Herman FLOWERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 28, 1990.

As Amended September 20, 1990.

Attorney(s) appearing for the Case

Paul Kevin Carwile, James, McElroy & Diehl, P.A., Charlotte, N.C., for defendant-appellant.

Thomas J. Ashcraft, U.S. Atty., Charlotte, N.C., for plaintiff-appellee.

Before RUSSELL and WILKINSON, Circuit Judges, and BULLOCK, United States District Judge for the Middle District of North Carolina, sitting by designation.

WILKINSON, Circuit Judge:

The issue before us is whether appellant Flowers, a passenger on a Greyhound bus, was unlawfully seized when two narcotics officers entered the bus during a routine rest stop and initiated conversation with him. The district court, 724 F.Supp. 1206, held that Flowers was not seized within the meaning of the Fourth Amendment since a reasonable person would have believed that he was free to decline to answer...

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