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Can a Police Officer Ask me Questions for No Reason?

Navigation:  Home > Criminal Law > Can a Police Officer Ask me Questions for no Reason?

 

Three types of police-citizen encounters have been recognized: 1) consensual interviews, 2) investigatory stops, and 3) arrests. Arrests and investigatory stops are seizures that implicate constitutional protections. Investigatory stops are justified by reasonable and articulable suspicion of criminal activity, while lawful arrests require probable cause. An investigatory stop is less intrusive than an arrest and is considered reasonable if it is supported by some minimal level of objective justification designated reasonable articulable suspicion.

A consensual interview is  not a seizure and occurs  when a police officer seeks the voluntary cooperation of a citizen by asking noncoercive questions. An officer's act of approaching an individual in a public place or asking for identification does not, in itself, constitute a seizure. Consensual encounters do not trigger Fourth Amendment scrutiny. Unlike detentions, they require no articulable suspicion that the person has committed or is about to commit a crime. A detention is not affected by merely approaching someone on the street or other public places. Even without any particular suspicion, an officer can walk up to someone and pose questions – provided they do not induce cooperation by coervice means. This does not mean that the person has to answer the questions; without reasonable suspicion, the person can simply walk away. In determining whether it was a consensual encounter or a detention, particular focus is paid to the intimidation and coercive conduct of the police officers. Circumstances establishing seizure might include: the presence of several officers, an officer’s display of weapons, some physical touching of the person, or the use of language or of a tone of voice indicating cooperation with the officer might be compelled. If it is a detention, probable cause is required.

Police detentions become custodial and require probable cause when the detention becomes coercive to the extent that it functions as an arrest. The factors used to determine whether the detention becomes an arrest are: the basis for the detention; its length; its location; whether the suspect was transported against his will, how far, and why; whether restrains were used; whether the police officer showed, threatened, or used force; and the investigative methods employed to confirm or dispel suspicions.

 

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