Sheri Lee Pualani Kapahu v. United States
FourthAmendment FifthAmendment CriminalProcedure Privacy
Whether a reasonable person would feel free to ignore a federal agent's direct accusation of drug possession and go about her business of boarding a plane
QUESTION PRESENTED A police-citizen encounter does not implicate the Fourth Amendment when consensual. Once a reasonable person would no longer feel free to ignore the police, walk away, and go about her business, however, the encounter loses its consensual character and becomes a detention that does implicate the Fourth Amendment. The question presented here is whether a reasonable person would feel free to ignore a federal agent’s direct accusation of drug possession, and go about her business of boarding a plane for elsewhere, taking the drugs that the agent had said he “already knew” she possessed with her.