38 New. Eng. L. Rev. 97 (2003-2004)
United States v. Drayton: Reasonableness & (and) Objectivity - Discussion of Race, Class, and the Fourth Amendment

handle is hein.journals/newlr38 and id is 119 raw text is: COMMENT
UNITED STATES V. DRAYTON:
REASONABLENESS & OBJECTIVITY - A
DISCUSSION OF RACE, CLASS, AND THE
FOURTH AMENDMENT
I. INTRODUCTION
Imagine that you have been unable to purchase a plane ticket to return
home for the holidays. You have, however, been able to scrape up enough
money to purchase a bus ticket to make the trip. Imagine now, that after
you have boarded the bus and traveled a significant distance, the bus pulls
off the road in order to refuel. You think to yourself, Thank Heavens we
can get out and stretch, as you massage the feeling back into your legs.
After you have taken the time to leave the confines of the bus, walk around
and perhaps use the bathroom, the bus driver is now ready to disembark
once again.
As you re-board the bus, the bus driver takes your ticket and you return
to your seat. Now imagine that instead of seeing the bus driver returning to
his seat, you watch as three men in plain clothes, wearing badges around
their necks and concealed weapons under their jackets, board the bus. One
of the officers stations himself at the front of the bus, watching the scene
unfold as the other two walk to the back of the bus. You hear a slight
commotion behind you as the officers slowly make their way to where you
are seated.
Suddenly, you feel the presence of someone hovering over your
shoulder. You turn around to see that an officer is addressing you within a
foot of your face. He informs you that he is trying to find weapons and
drugs on the bus and would like your cooperation. Now imagine that you
are black.
This exact scenario unfolded in the case of United States v. Drayton,
decided by the Supreme Court on June 17, 2002.1 This Comment will
discuss the majority opinion2 and the Justices' analysis of the issues
1.  United States v. Drayton, 536 U.S. 194 (2002).
2.  See generally id. (joining Justice Kennedy in the opinion were Chief Justice

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