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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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