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Random Police-Citizen Encounters: When is a Seizure a Seizure?

NCJ Number
159531
Journal
Duquesne Law Review Volume: 33 Issue: 2 Dated: (Winter 1995) Pages: 283-307
Author(s)
R J Burnett
Date Published
1995
Length
25 pages
Annotation
This article discusses the case law related to the constitutionality of random police-citizen encounters.
Abstract
One type of random police-citizen encounter discussed here is the Walk and Talk drug interdiction program, operating in many U.S. airports, where officers approach individuals and ask them potentially incriminating questions about their travel plans and the contents of their luggage. The information provided may afford the officer a justification for searching the passenger's luggage for illegal drugs. These narcotics officers are trained to promote consensual encounters whereby airline travelers agree to a search of their luggage. This article argues that the Walk and Talk programs violate the Fourth Amendment right to be free from unreasonable seizures, including face-to-face confrontations with police. The article contends that this type of search activity should only be allowed when there is an objective basis to suspect wrongdoing. 141 notes