Is a police officer's admonition that the driver is free to go a factor in the analysis of the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Arebalos-Cabrera, 238 Cal.Rptr.3d 103, 27 Cal.App.5th 179 (Cal. App. 2018):

Courts have emphasized that a police officer's admonition that the driver is "free to go" is an important factor in the Fourth Amendment analysis. (See, e.g., State v. Green (2003) 375 Md. 595, 618, 826 A.2d 486.) However, because courts must consider the totality of the circumstances in deciding whether a detention has occurred, the presence or absence of this admonition is not determinative if other factors show that a reasonable person would in fact feel free to leave or otherwise terminate the encounter (or not).

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