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Weisberg Law Blog
Weisberg Law BlogGeneral Observations
The Consensual Encounter
Today I want to talk about the consensual encounter. No, I’m not going to talk about sex. Rather that subject involves citizens interacting with police officer. The consensual encounter is another ploy used by police officers to justify questioning defendants and/or searching them.
The typical story involves a defendant hanging out outside a 7-11 convenience store at night, when a police officer approaches him and engages in a conversation. The conversation might go as follows:
Officer: “Hey, what are you doing here?”
Defendant: “Waiting for a ride.”
Officer: “How long have you been waiting?”
Defendant: “A couple of minutes.”
Officer: “Well that can’t be true. We rode by here about a half an hour ago and you were here. Why are you lying?”
Defendant: “Umm…”
And so goes the consensual encounter. The idea is that so long as the citizen is in a situation where he is free to leave or terminate the situation, no probable cause is necessary. The conversation might continue as follows:
Officer: “So do you have any weapons or drugs on you?”
Defendant: “No sir.”
Officer: “Well I guess then we can check you to make sure, right?”
What happens next… nobody knows for sure
These scenarios are played out every day in our local courts. They are used to justify searches and detentions. The question arises as to what happens when the citizen just walks away. I’d like to see that some time. Police officers are there to serve and protect you; be nice to them even if they’re not nice to you. If you’re on the wrong side of the law, you can just walk away.
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