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Definition. A consensual encounter is that where an officer makes contact with a person under circumstances which would cause a reasonable person to believe they are free to leave or otherwise not cooperate.
Legal Requirement. No legal justification is needed as long as officers are in a place they have a right to be.
Appropriate Actions. Officers may choose to do the following, however, the subject of the consensual encounter can refuse to cooperate and cannot be made to do so.
Requesting information (including identification and personal information)
Interviewing witnesses at the scene of a crime or accident
Conversing casually
Disseminating information
Elevating Consensual Encounters. Certain actions can elevate consensual encounters; these actions may have alternatives that would not elevate the consensual encounter.
Using emergency lighting equipment Vs. using a spotlight
Positioning patrol car to block path Vs. not blocking their path
Issuing orders Vs. requesting consent or seeking voluntary cooperation
Using accusatory tone Vs. inquisitive tone
Conducting illegal pat searches Vs. requesting consent for pat search
Demanding/keeping I.D. Vs. requesting and returning when asked
If a consensual encounter is elevated by improper behaviour, the peace officer could:
Violate the Fourth Amendment right against unreasonable searches and seizures, resulting in the suppression of evidence
Be civilly prosecuted for a violation of civil rights
Be criminally prosecuted for false imprisonment
Face department disciplinary action
Searches During Consensual Encounters. Officers may conduct warrantless searches of a person if they obtain consent. The following conditions apply:
Must be voluntary
Obtain consent from someone with authority to give consent
If consent is withdrawn, search must stop
Officer's conduct must not undermine the voluntary nature
Express Vs. implied consent
Not legally necessary to advise they have a right to refuse consent
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