United States v. Drayton

Three plainclothes but visibly badged officers boarded a stopped Greyhound bus, announced they were conducting a drug and weapons inspection, and worked down the aisle asking passengers for consent to search bags and persons, without blocking the aisle or exits. Drayton and Brown (defendants) consented to a bag search that found nothing, but an officer noticed their baggy clothing and asked to search their persons; both consented, and drugs were found on each, leading to their arrests. The trial court found the encounter non-coercive and the consent voluntary, but the court of appeals reversed, reasoning passengers do not feel free to decline unless expressly told they may. The Supreme Court granted certiorari.