October Term 2001 · Docket 01-631
Does a police officer's request to search a bus passenger's bag constitute a seizure?
The dispute centers on whether a passenger's consent to a search is voluntary when an officer does not explicitly state the passenger may refuse.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Ms. Spivey argued the Court should reaffirm the existing precedent entirely.
She stated that advice is a factor particularly worth noting.
Mr. Thompson argued that police questioning is a legitimate technique.
He noted that the record did not indicate the bus was delayed.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 23, lines 17-39 — Transcript, file page 23, lines 17-39
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 50, lines 47-41 — Transcript, file page 50, lines 47-41
- Official Supreme Court Transcript — file page 52, lines 33-37 — Transcript, file page 52, lines 33-37
A citizen's guide to the whole case
What this case is about
This case tests the scope of the Fourth Amendment during routine bus stops. It asks if police must inform passengers they can say no to a search request.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 17-39 — Transcript, file page 23, lines 17-39
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
- Official Supreme Court Transcript — file page 50, lines 47-41 — Transcript, file page 50, lines 47-41
How the case got here
The Supreme Court heard oral argument in this case on April 16, 2002.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 52, lines 33-37 — Transcript, file page 52, lines 33-37
What each side wants
The government wants the Court to keep the existing rule that advice is just one factor.
The defense wants the Court to require officers to state that passengers may refuse.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 17-39 — Transcript, file page 23, lines 17-39
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
- Official Supreme Court Transcript — file page 50, lines 47-41 — Transcript, file page 50, lines 47-41
What each side says
The government argues that police questioning is a vital law enforcement technique.
The defense argues that silence about the right to refuse makes consent involuntary.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 17-39 — Transcript, file page 23, lines 17-39
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
- Official Supreme Court Transcript — file page 50, lines 47-41 — Transcript, file page 50, lines 47-41
What the justices asked
The Chief Justice asked if the record showed the bus was delayed.
Official sources for this section
- Official Supreme Court Transcript — file page 52, lines 33-37 — Transcript, file page 52, lines 33-37
Why it matters
This case defines the limits of police power during public transit stops. It determines how officers must interact with passengers to ensure legal searches. The outcome shapes daily interactions between law enforcement and the public.
Official sources for this section
- Official Supreme Court Transcript — file page 23, lines 17-39 — Transcript, file page 23, lines 17-39
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
- Official Supreme Court Transcript — file page 50, lines 47-41 — Transcript, file page 50, lines 47-41
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 52, lines 33-37 — Transcript, file page 52, lines 33-37
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 23, lines 17-39 — Transcript, file page 23, lines 17-39
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
- Official Supreme Court Transcript — file page 50, lines 47-41 — Transcript, file page 50, lines 47-41
- Official Supreme Court Transcript — file page 23, lines 17-39 — Transcript, file page 23, lines 17-39
- Official Supreme Court Transcript — file page 3, lines 17-5 — Transcript, file page 3, lines 17-5
- Official Supreme Court Transcript — file page 50, lines 47-41 — Transcript, file page 50, lines 47-41
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.