PLEASE ONLY USE THE REFERENCE I HAVE PROVIDED NOTHING ELSE

Issue: What overarching issue was the court addressing or resolving (one questions not a paragraph just one sentence encapsulating)

Facts: What are the facts that the court described and cared about?

facts section should only include the actual facts of the case.

Rule of Law:What rule please mention the statue, case, legal principle mentioned in the images, did the court apply

*rule of law segment should only include the actual statutes, constitutional amendments or cases the Court applies the facts

Application- how did the court apply the rule to the facts?

*application section should be how the Court applied the facts to the law

Conclusion: what result did the court reach and WHY?

KAUPP v. TEXAS

AutoSave OFF A A ? CG ... Document7 Home Insert Draw Design Layout References Mailings Review View ? Tell me Share Comments Times New... v 12 A A Aa Ap EV EVEVEE AaBbCcDdEe AaBbCcDdEe AaBbCcDc AaBbCcDdEE AaBb( AaBbCCDdEE Paste BIUvab X X A DAY Norma No Spacing Heading 1 Heading 2 Title Subtitle Styles Dictate Editor Pane Law enforcement officers do not violate Respondents make much of the fact that the Fourth Amendment's prohibition of Officer Lang displayed his badge. In Florida unreasonable seizures merely by approach- v. Rodriguez, however, the Court rejected the ing individuals on the street or in other public claim that the defendant was seized when an places and putting questions to them if they officer approached him in an airport, showed Preview are willing to listen. Even when law enforce him his badge, and asked him to answer some ment officers have no basis for suspecting a questions. . . . Officers are often required to particular individual, they may pose ques- wear uniforms and in many circumstances tions, ask for identification, and request con- this is cause for assurance, not discomfort. Overview Get sent to search luggage-provided they do not Much the same can be said for wearing side- induce cooperation by coercive means. If a arms. That most law enforcement officers reasonable person would feel free to termi- are armed is a fact well known to the public. nate the encounter, then he or she has not The presence of a holstered firearm thus is been seized. unlikely to contribute to the coerciveness of About this edition the encounter absent active brandishing of the weapon. Officer Hoover's position at the front of the ISBN: 978143 [Wje conclude that the police did not seize bus also does not tip the scale in respondents' respondents when they boarded the bus and favor. Hoover did nothing to intimidate pas- Published: May 21 began questioning passengers. The officers sengers, and he said nothing to suggest that gave the passengers no reason to believe that people could not exit and indeed he left the , Law / Criminal Law / Publisher: Elsevier they were required to answer the officers' aisle clear. In Delgado, the Court determined questions. When Officer Lang approached there was no seizure even though several Author: Jacque respondents, he did not brandish a weapon uniformed INS officers were stationed near or make any intimidating movements. He left the exits of the factory. The Court noted: "The the aisle free so that respondents could exit. presence of agents by the exits posed no rea- He spoke to passengers one by one and in a sonable threat of detention to these workers, 95 Create Citation polite, quiet voice. Nothing he said would . . . the mere possibility that they would be suggest to a reasonable person that he or she questioned if they sought to leave the buildings tz was barred from leaving the bus or otherwise should not have resulted in any reasonable apprehension by any of them that they would Presents an up-to-date a terminating the encounter. There were ample grounds for the District be seized or detained in any meaningful way." greatest concern to crim Court to conclude that "everything that took confessions, self-incrimi place between Officer Lang and [respons criminal and civil liabilitie dents] suggests that it was cooperative" and novi... that there "was nothing coercive [or] con- Drayton contends that even if Brown's Part II presents key case frontational" about the encounter. There cooperation with the officers was consen- was no application of force, no intimidating sual, Drayton was seized because no rea- movement, no overwhelming show of force, sonable person would feel free to terminate no brandishing of weapons, no blocking of the encounter with the officers after Brown exits, no threat, no command, not even an had been arrested. The Court of Appeals did authoritative tone of voice It is houand quee- not address this claim. and in any avent the Page 1 of 3 315 words X English (United States) Focus E + 330%AutoSave OFF A A ? CG ... Document7 Home Insert Draw Design Layout References Mailings Review View ? Tell me Share Comments Times New... v 12 A A Aa Ap AaBbCcDdEe AaBbCcDdEe AaBbCcDc AaBbCcDdEE AaBb( AaBbCCDdEE Paste BIUvab x x A DAY IEv Norma No Spacing Heading 1 Heading 2 Title Subtitle Styles Dictate Editor Pane the weapon. Officer Hoover's position at the front of the [Wje conclude that the police did not seize bus also does not tip the scale in respondents' respondents when they boarded the bus and favor. Hoover did nothing to intimidate pas- began questioning passengers. The officers sengers, and he said nothing to suggest that gave the passengers no reason to believe that people could not exit and indeed he left the they were required to answer the officers' aisle clear. In Delgado, the Court determined questions. When Officer Lang approached there was no seizure even though several respondents, he did not brandish a weapon uniformed INS officers were stationed near or make any intimidating movements. He left the exits of the factory. The Court noted: "The the aisle free so that respondents could exit. presence of agents by the exits posed no rea- He spoke to passengers one by one and in a sonable threat of detention to these workers, polite, quiet voice. Nothing he said would . . . the mere possibility that they would be suggest to a reasonable person that he or she questioned if they sought to leave the buildings was barred from leaving the bus or otherwise should not have resulted in any reasonable terminating the encounter. apprehension by any of them that they would There were ample grounds for the District be seized or detained in any meaningful way." Court to conclude that "everything that took place between Officer Lang and [respons dents] suggests that it was cooperative" and that there "was nothing coercive [or] con- Drayton contends that even if Brown's frontational" about the encounter. There cooperation with the officers was consen- was no application of force, no intimidating sual, Drayton was seized because no rea- movement, no overwhelming show of force, sonable person would feel free to terminate no brandishing of weapons, no blocking of the encounter with the officers after Brown exits, no threat, no command, not even an had been arrested. The Court of Appeals did authoritative tone of voice. It is beyond ques- not address this claim; and in any event the tion that had this encounter occurred on the argument fails. The arrest of one person does street, it would be constitutional. The fact that not mean that everyone around him has been an encounter takes place on a bus does not on seized by police. If anything, Brown's arrest its own transform standard police question- should have put Drayton on notice of the ing of citizens into an illegal seizure. Indeed, consequences of continuing the encounter by because many fellow passengers are present answering the officers' questions. Even after to witness officers' conduct, a reasonable arresting Brown, Lang addressed Drayton in person may feel even more secure in his or a polite manner and provided him with no her decision not to cooperate with police on a indication that he was required to answer bus than in other circumstances. Lang's questions. Copyrighted materia Page 1 of 3 315 words s X English (United States) Focus E + 330%Word File t View Insert Format Tools Table Window Help 10% Q 8 Thu Feb 3 5:41 PM AutoSave O OFF A AC G ... Document7 I can only guess the pain you are feeling right now ....... Home Insert Draw Design Layout References Mailings Review View ? Tell me Share Comments I know your hurt Times New... v 12 AA EVEvav Constituion OVID Law CRIM3005- Plaintiff at the top and defendant at the Paste BIUvab X X A DAY Styles Styles Dictate Editor bottom Pane How can the number of young pe commit crimes be reduced? Homework Senior Semir What role does gender play in a c In Psych...4055 punishment? Drayton contends that even if Brown's cooperation with the officers was consensual, Drayton was seized because no reasonable person would feel free to terminate the encounter with the officers after Applied Get h Preview Brown had been arrested. The Court of Appeals did not address this claim; and in any event the argument Criminol...3042-10 fails. The arrest of one person does not mean that everyone around him has been seized by police. If Get c anything, Brown's arrest should have put Drayton on notice of the consequences of continuing the Rece verview Get encounter by answering the officers' questions. Even after arresting Brown, Lang addressed Drayton in a Tutor . Theories of polite manner and provided him with no indication that he was required to answer Lang's questions. your Criminal Deviance Learn m We turn now from the question whether respondents were seized to whether they were subjected to an unreasonable search, i.e., whether their consent to the suspicionless search was involuntary. In bout this edition circumstances such as these, where the question of voluntariness pervades both the search and seizure Unknown.jpeg Unknown-1.jpeg inquiries, the respective analyses turn on very similar facts. And, as the facts above suggest, respondents' consent to the search of their luggage and their persons was voluntary. Nothing Officer Lang said indicated DBN: 978159 a command to consent to the search. Rather, when respondents informed Lang that they had a bag on the bus, he asked for their permission to check it. And when Lang requested to search Brown and Drayton's Court- urisdic...2021.jpg blished: 2006 persons, he asked first if they objected, thus indicating to a reasonable person that he or she was free to ministra Screen Shot refuse. Even after arresting Brown, Lang provided Drayton with no indication that he was required to ited Sta 2022-02...7.03 PM Add instblisher: Nova S consent to a search. To the contrary, Lang asked for Drayton's permission to search him ("Mind if I check you?"), and Drayton agreed. nguage: English Levels-of- List a rutiny...2ppi.jpg Page 2 of 3 315 words X English (United States) Focus + 330% underd 3 3 FEB 2 3 "tv S 4 WWord File t View Insert Format Tools Table Window Help 10% Q 8 * Thu Feb 3 5:41 PM AutoSave O OFF A A ? C G ... Document7 I can only guess the pain you are feeling right now ....... Home Insert Draw Design Layout References Mailings Review View ? Tell me Share Comments I know your hurt Times New... v 12 AA FED 21 Constituion OVID Law CRIM3005- Plaintiff at the top and defendant at the Paste BIUvab X X A DAY Styles Styles Dictate Editor bottom Pane How can the number of young pe refuse. Even after arresting Brown, Lang provided Drayton with no indication that he was required to ited States, more commit crimes be reduced? Homework Nova S consent to a search. To the contrary, Lang asked for Drayton's permission to search him ("Mind if I check Senior Semir What role does gender play in a c you?"), and Drayton agreed In Psych...4055 punishment? English The Court has rejected in specific terms the suggestion that police officers must always inform citizens of their right to refuse when seeking permission to conduct a warrantless consent search. . Although Applied Get h Citation Criminol...3042-10 Officer Lang did not inform respondents of their right to refuse the search, he did request permission to search, and the totality of the circumstances indicates that their consent was voluntary, so the searches were Get c reasonable. Tutor Rece your . Theories of Criminal Deviance Learn m d on law, the concept of agreement and consent shou Unknown.jpeg Unknown-1.jpeg of its own. Police officers act in full accord with the li nsent. It reinforces the rule of law for the citizen to ad Court- urisdic...2021.jpg s and for the police to act in reliance on that understa Screen Shot 2022-02...7.03 PM es place, it dispels inferences of coercion." Levels-of- rutiny...2ppi.jpg Page 2 of 3 315 words x English (United States) Focus E + 330% 3 FEB 2 tv 4 WAUTHORITY TO DETAIL seat, facing the rear of the bus where he could observe the passengers and ensure the safety of the two other officers without blocking the aisle or oth- erwise obstructing the bus exit, Officers Lang and Blackburn went to the rear of the bus. Blackburn remained there, facing forward while Lang worked his way toward the front of the bus, speaking with individual passengers about their travel plans. Drayton and Brown were seated next to each other on the bus. Lang approached from the rear, leaned over Drayton's shoulder, held up his badge long enough for them to identify him as a police officer and then, with his face 12-to-18 inches away from Drayton's, said: "I'm Investigator Lang with the Tallahassee Police Department. We're conducting bus interdiction [sic], attempting to deter drugs and illegal weapons being transported on the bus. Do you have any bags on the bus?" When both men pointed to a green bag in the overhead luggage rack, Lang asked, "Do you mind if I check it?" Brown responded, "Go ahead." Lang handed the bag to Officer Blackburn to check. The bag contained no contraband. Noticing that both men were wearing heavy jackets and baggy clothing despite the warm weather which, in Lang's experience, drug traf fickers often do to conceal weapons or narcotics, Lang asked Brown if he had any weapons or drugs in his possession, stating: "Do you mind if I check your person?" Brown answered, "Sure," and coop- erated by leaning up in his seat, pulling a cell phone out of his pocket, and opening up his jacket. Lang reached across Drayton and patted down Brown's jacket and pockets, including his waist area, sides, and upper thighs. In both thigh areas, Lang detected hard objects similar to drug pack- ages detected on other occasions. Lang arrested and handcuffed Brown and Officer Hoover escorted him from the bus. Lang then asked Drayton, "Mind if I check you?" Drayton responded by lifting his hands. Lang conducted a pat-down and detected hard objects similar to those found on Brown. He placed Drayton under arrest. A further search revealed that Brown possessed three bundles con- taining 483 grams of cocaine. Drayton possessed two bundles containing 295 grams of cocaine. Justice KENNEDY delivered the opinion of the Court.[Citations an Christopher Drayton and Clifton Brown, Jr. were traveling on a Greyhound bus. When the bus made a scheduled stop in Tallahassee, Florida, Officers Hoover, Lang, and Blackburn of the Tallahassee Police Department boarded the bus as part of a rou- tine drug and weapons interdiction effort. Once on board, Officer Hoover knelt beside the driver's