Weisberg Law Blog

The Consensual Encounter

Bet you never heard of the "consentual encounter." No, there is no sexual connection here. The "consentual encounter" is a legal concept or a law enforcement concept whereby a police officer meets a citizen on the street and they talk. It goes like this P.O. "Hi how are you doing. I'm officer Joe." Citizen "Ugh, Ugh". P.O. "What are you doing here anyway?". Citizen " Ugh, Ugh". P.O. "Do you mind if I search you for my own safety?" Citizen "Sure, O.K.". The Officer then reaches into citizen's pocket finding a pistol in one and cocaine in the other. No constitutional violation here. It was a "consentual encounter." Mr. Citizen could ingnore the officer, walk away and refuse to be searched.
Judges regularly believe that this occurs all the time. (At least they say they believe it and beyond a reasonable doubt). My clients tell me otherwise. But they are criminals, not to be believed. These consentual encounters make they lawyers job very difficult. No constitutional issue here if the guy consented.

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