Thurgood Marshall: Dissent in Florida v. Bostick

( 1991 ) Commentary by Michael Chang, Ph.D.

“In my view, the law-enforcement technique with which we are confronted in this case—the suspicionless police sweep of buses in intrastate or interstate travel—bears all of the indicia of coercion and unjustified intrusion associated with the general warrant. Because I believe that the bus sweep at issue in this case violates the core values of the Fourth Amendment, I dissent.” - Opinion in Florida v. Bostick
“It does not follow, however, that the approach of passengers during a sweep is completely random. Indeed, at least one officer who routinely confronts interstate travelers candidly admitted that race is a factor influencing his decision whom to approach,” - Opinion in Florida v. Bostick

Thurgood Marshall (Library of Congress)

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