California, United States of America
The following excerpt is from People v. Richard C. (In re Richard C.), G051057 (Cal. App. 2015):
The facts here are fairly close to those in People v. Bennett (1998) 68 Cal.App.4th 396. There, a police officer saw the defendant talking to a prostitute who had just offered sex for money to an undercover officer. (Id. at p. 399.) The officer approached the defendant and asked, "'Can I talk to you for a moment?'" He replied, "'Yes.'" The officer inquired whether the defendant was on parole and he admitted he was under parole supervision. The appellate court found the encounter was consensual because the officer spoke in a polite, conversational tone and applied no physical or verbal force that might have caused a reasonable person to feel compelled to respond. (Id. at pp. 402-403.)
Accordingly, we find the juvenile court did not err when it concluded the officer did illegally detain the minor.
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The judgment is affirmed.
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