Is it a violation of the Fourth Amendment when a police officer approaches an individual in the street and asks for identification?

California, United States of America


The following excerpt is from People v. Williams, C056854 (Cal. App. 2/7/2008), C056854 (Cal. App. 2008):

Accordingly, "[l]aw enforcement officers do not violate the Fourth Amendment's prohibition of unreasonable seizures merely by approaching individuals on the street or in other public places and putting questions to them if they are willing to listen. [Citations.] Even when law enforcement officers have no basis for suspecting a particular individual, they may pose questions, [and] ask for identification . . . provided they do not induce cooperation by coercive means. [Citation.] If a reasonable person would feel free to terminate the encounter, then he or she has not been [detained]." (United States v. Drayton (2002) 536 U.S. 194, 200-201 [153 L.Ed.2d 242, 251].)

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