CA10: Buses and trains in ABQ

A DEA officer’s lifting but not manipulating defendant’s duffle bag on a Greyhound bus that stopped in Albuquerque for passengers and service was not timely raised by the defense. But it was not a search. “It is not unusual on a common carrier for other passengers to push, move, and even momentarily remove an item from a common luggage area, such as an overhead rack or compartment, in order to make room for their own carry-on bags. SA Perry’s actions did not depart from the type of handling a commercial bus passenger would reasonably expect his baggage to be subjected to, and therefore did not constitute a search within the meaning of the Fourth Amendment.” United States v. Fernandez, 2021 U.S. App. LEXIS 37370 (10th Cir. Dec. 17, 2021).

Defendant’s encounter with the police on an Amtrak train at the front of the car where he was seemingly alone because other passengers were way behind him didn’t show he was “isolated” and alone affecting the nature of the encounter. On the totality, defendant’s interaction with the officer was consensual. United States v. Rodriguez, 2021 U.S. App. LEXIS 37369 (10th Cir. Dec. 17, 2021).*