Does a consensual encounter between a police officer and an individual breach the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Schmitz, 114 Cal.Rptr.3d 490, 187 Cal.App.4th 722 (Cal. App. 2010):

[5][6] "Unlike a detention, a consensual encounter between a police officer and an individual does not implicate the Fourth Amendment. It is well established that law enforcement officers may approach someone on the street or in another public place and converse if the person is willing to do so. There is no Fourth Amendment violation as long as circumstances are such that a reasonable person would feel free to leave or end the encounter." ( People v. Rivera (2007) 41 Cal.4th 304, 309, 59 Cal.Rptr.3d 473, 159 P.3d 60.)

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