 In the absence of such a show of authority, there was no justification for the Florida court's "per se" rule that a seizure had occurred simply because the encounter had taken place on a bus.Because the Florida courts had not engaged in the correct legal analysis, the Supreme Court sent the case back so that they could do so in the first instance.Justice Marshall wrote a dissenting opinion, joined by Justice Blackmun and Stevens, portraying the law enforcement technique at issue in "Bostick" as one more likely to affect poor and minority citizens.