Does a consensual encounter between a man and a police officer constitute an investigatory stop?

MultiRegion, United States of America

The following excerpt is from U.S. v. Baker, 977 F.2d 591 (9th Cir. 1992):

The encounter falls squarely within that type of stop previously held to be consensual. See Florida v. Rodriguez, 469 U.S. 1, 5 (1984) (where defendant was asked by officers if he would step aside and talk to them, the encounter was consensual and did not implicate Fourth Amendment); Erwin, 803 F.2d at 1508 (no Fourth Amendment violation where defendant is stopped in a public place, police officers displayed no force, and defendant agreed to talk with officers).

Finally, the district court found that there was reasonable suspicion to justify an investigatory stop:

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