United States v. Drayton

In United States v. Drayton (2002) 536 U.S. 194, the defendants, Drayton and Brown, were seated next to one another traveling on a Greyhound bus from Ft. Lauderdale, Florida to Detroit, Michigan. The bus made a scheduled stop in Tallahassee, Florida, where three officers of the Tallahassee police department boarded the bus. The officers were in plain clothes, but their badges were visible and they carried concealed weapons. One of the officers knelt on the driver's seat facing the back of the bus; another officer stood in the rear of the bus facing forward. The third officer--Officer Lang--moved systematically down the aisle, asking passengers about their travel plans and matching the passengers with their luggage in the overhead racks. (Id. at pp. 197-198.) Officer Lang identified himself as a police officer and showed his badge to Drayton and Brown. Officer Lang asked if they had any bags on the bus. Drayton and Brown both identified a green bag on the overhead rack. Officer Lang asked, "Do you mind if I check it?" Brown responded, "Go ahead." Officer Lang handed the bag to one of the other officers who checked the bag and found no contraband. (Drayton, supra, 536 U.S. at pp. 198-199.) Officer Lang noticed, however, that both Drayton and Brown were wearing heavy jackets and baggy pants despite the warm weather. Officer Lang asked Brown if he had any drugs or weapons in his possession, and inquired, "Do you mind if I check your person?" Brown answered, "Sure." Brown leaned up in his seat, removed his cell phone from his pocket, and opened his jacket. (Id. at p. 199.) Officer Lang patted down Brown's jacket, pockets, waist area, sides and upper thighs. Officer Lang felt hard objects similar to drug packages he had detected in other cases. He arrested and handcuffed Brown. (Ibid.) Officer Lang then asked Drayton, "Mind if I check you?" (Drayton, supra, 536 U.S. at p. 199.) Drayton made no verbal response, but instead lifted his hands about eight inches from his legs. Officer Lang conducted a pat down search of Drayton's thighs and detected hard objects similar to those found on Brown. He arrested Drayton and escorted him off the bus. The hard objects proved to be bundles of powder cocaine. (Ibid.) The Supreme Court held that Drayton's consent to the search was voluntary. (Drayton, supra, 536 U.S. at p. 206.) "Nothing Officer Lang said indicated a command to consent to the search. . . . When Lang requested to search Brown and Drayton's persons, he asked first if they objected, thus indicating to a reasonable person that he or she was free to refuse. Even after arresting Brown, Lang provided Drayton with no indication that he was required to consent to a search. To the contrary, Lang asked for Drayton's permission to search him . . . , and Drayton agreed." (Ibid.)