Defendant\u2019s bus encounter was not consensual because the officer was big and standing over him. United States v. Aquino, 2010 U.S. Dist. LEXIS 139934 (D. Kan. November 30, 2010)*:<\/p>\n
Although the questioning did not require Miranda warnings, no reasonable person would feel free to disregard the officer and go about his business. Aquino was seated in a bus with Investigator Lutter, who stands 6’6″ and weighs more than 250 pounds, standing over him asking him questions while another officer, Investigator Scott, kneeled on an empty seat between Aquino and the front door of the bus (TR. 42-43). Aquino answered Investigator Lutter’s questions, produced his bus ticket and identification, and “complied” with Investigator Lutter’s request to step off the bus and identify his luggage. In the presence of at least two officers, Aquino “complied” with Investigator Lutter’s request to search his luggage. In response to Investigator Lutter’s request to conduct a pat search of Aquino’s person, Aquino told Investigator Lutter that he did not want Investigator to touch him. Investigator Lutter continued to question Aquino and requested that Aquino open his coat and hold his clothing close to his body to determine if anything was hidden under his clothing. No reasonable person would have believed that he was free to leave without the officer’s permission, or to end the conversation and refuse to answer the officer’s questions and ignore the officer’s requests. The encounter was neither voluntary nor consensual.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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