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UNITED STATES v. DRAYTON

No. 01-631.

536 U.S. 194 (2002)

122 S.Ct. 2105

153 L.Ed.2d 242

UNITED STATES v. DRAYTON et al.

Supreme Court of United States.

Decided June 17, 2002.

Attorney(s) appearing for the Case

Larry D. Thompson argued the cause for the United States. On the briefs were Solicitor General Olson, Assistant Attorney General Chertoff, Deputy Solicitor General Dreeben, Jeffrey A. Lamken, and Kathleen A. Felton.

Gwendolyn Spivey, by appointment of the Court, 535 U.S. 903, argued the cause for respondents. With her on the brief were Randolph P. Murrell, Steven L. Seliger, by appointment of the Court, 535 U.S. 903, Jeffrey T. Green, and Jacqueline G. Cooper.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Thomas, and Breyer, JJ., joined. Souter, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, p. 208.

Justice Kennedy, delivered the opinion of the Court.

The Fourth Amendment permits police officers to approach bus passengers at random to ask questions and to request their consent to searches, provided a reasonable person would understand that he or she is free to refuse. Florida v. Bostick, 501 U.S. 429 (1991). This case requires us to determine whether officers must advise bus passengers during these encounters of their...

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