[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller is deemed "consensual," not subject to the constraints of the Fourth Amendment."
National Association of Criminal Defense Lawyers, Inc.
Peter Schoenburg & Risa Evans, Unspeakable Suspicions: Challenging the Racist Consensual Encounter,The Champion, Nov. 1993, at 4-8.
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