In Florida v. Bostick, the U.S. Supreme Court held that the proper inquiry to make to determine if Bostick was seized by the agents who boarded the bus and searched Bostick’s luggage after Bostick gave them consent to do so is:
a. In light of the totality of the circumstances, would a reasonable person feel free to decline the officer’s request or terminate the police encounter?
b. Was there clear and convincing evidence that was seized by the police, and did he give consent for them to search his luggage search to prevent the use of force against him?
c. Given the location of the police activity, would a reasonable person have been able to pick up their luggage and leave the bus?
d. Was the boarding and searching of the bus of such duration that the police activity constituted a seizure?
a. In light of the totality of the circumstances, would a reasonable person feel free to decline the officer’s request or terminate the police encounter?
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