Does being in uniform and aboard a passenger bus (on a traffic stop not at bus depot) to conduct a consentual encounter warrant a seizure?

Roque F. Martinez

I have read your post 7-8 times and the only thing I can think that you are asking is whether a uniformed officer can get on a bus at a bus stop as a rider like any other in order to engage in consensual encounters with people on the bus, and then base a detention on the conversations and observations resulting from those encounters. Is that your question?

Because if you're asking whether an officer can make a traffic stop to engage in a consensual encounter to justify a seizure, your question makes no sense.

Actually, this looks like a question from a member of the general public seeking legal advice as opposed to a member of the legal community using this board.

The only reason I responded was because the user has a City of Austin email address and ID's himself as a police officer in his profile. Otherwise, I would agree with you, V.

Anyone can put anything in a profile. His question makes no sense for a PO to be asking.

I agree about the question...but I just confirmed he's for real.

sorry for the confusion.

I am doing some research trying to find case law in reference to the subject of PASSENGER BUS CRIMINAL INTERDICTION.

I want to know what people think about this situation:

Officer makes a traffic stop on a passenger bus, on a public roadway. Officer asks bus driver for CONSENT to speak to the passengers. CONSENT is granted. Officer enters the bus and makes consentual contact with 1,2, or 3 passengers to investigate criminal activity. 50% say NO GO because officer is uniform and 50% say GOOD TO GO as long as its CONSENTUAL, PERSON SHOULD KNOW THEY ARE FREE TO GO.

Roque F. Martinez

This subject, including the principal authorities, is addressed in TDCAA's Warrantless Search and Seizure Manual (2008) pp. 127-28.