Is the Fourth Amendment implicated when an officer approaches an individual in a public setting and merely asks if he or she would answer some questions?

California, United States of America


The following excerpt is from People v. Herrera, G036974 (Cal. App. 6/22/2007), G036974 (Cal. App. 2007):

The Fourth Amendment is not implicated when an officer approaches an individual in a public setting and merely asks if he or she would answer some questions, provided the officer does not induce cooperation by coercive means. (United States v. Drayton (2002) 536 U.S. 194, 200-201; Florida v. Royer (1983) 460 U.S. 491, 497 (plur. opn.).) No objective justification is required for these police-initiated contacts, but the individual "need not answer any question put to him; indeed, he may decline to listen to the questions at all and may go on his way. [Citations.] He may not be detained even momentarily without reasonable, objective grounds for doing so; and his refusal to listen or answer does not, without more, furnish those grounds." (Royer, supra, at p. 498.)

Other Questions


Does a police officer who approaches an individual on the street or in another public place violate the Fourth Amendment by asking him if he is willing to answer some questions? (California, United States of America)
What constitutes a seizure under the Fourth Amendment when a police officer approaches an individual and asks a few questions? (California, United States of America)
What is the test for Fourth Amendment seizure when a police officer approaches an individual and asks them a few questions? (California, United States of America)
Does a law enforcement officer violate the Fourth Amendment by approaching an individual on the street or in another public place? (California, United States of America)
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)
Can a police officer approach a person in a public place and ask if they are willing to answer questions? (California, United States of America)
Is the Fourth Amendment implicated when an officer asks to see an individual's identification card? (California, United States of America)
Is an individual who has been stopped by police in the middle of the street in what circumstances is the individual entitled to continue to walk the public streets "only at the whim of any police officer who happens to stop that individual"? (California, United States of America)
Does a person who refuses to answer any question put to him by police for questioning need not answer any questions at all and may go on his way? (California, United States of America)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.