United States v. Bond
Citation and Court
529 U.S. 334 (2000) — Supreme Court of the United States
Facts
Bond was a bus passenger whose bag was stored in the overhead compartment. A Border Patrol agent, after the bus stopped at a checkpoint, walked the aisle squeezing bags in the overhead compartment to feel for drugs. He felt a hard brick-like object in Bond’s bag, which turned out to be methamphetamine.
Issue
Whether a law enforcement officer’s physical manipulation of a bus passenger’s carry-on luggage in the overhead compartment constitutes a “search” under the Fourth Amendment.
Holding
Yes; the physical manipulation of Bond’s bag was a search. Bond had a reasonable expectation that his bag would not be felt and its contents examined by touch.
Rule / Doctrine
Although bus passengers know their bags may be moved by other travelers for convenience, they do not expect those bags to be subjected to the probing squeeze of a government agent. The Fourth Amendment protects against both visual and tactile invasions of privacy. Physical manipulation of luggage, like opening and inspecting it, is a search requiring justification.
Significance
Distinguished between the incidental handling one expects when placing a bag in a public space and the probing manipulation by law enforcement, confirming that tactile examination can constitute a Fourth Amendment search even without opening a bag.