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CA9: Person stopped does not have to be told he was free to leave for a stop to be consensual

By John Wesley Hall, Jr.

Defendant was not stopped, and the encounter was consensual. He did not have to be told he was free to leave. United States v. White, 2008 U.S. App. LEXIS 20866 (9th Cir. September 29, 2008) (unpublished): Here, the encounter between White and the officer was not a seizure, but rather a consensual encounter, wherein the officer merely asked questions and White was free to leave the encounter at any time. The officer approached White alone and in an non-threatening manner. Additionally, the encounter occurred in the open public space of a motel parking lot. Although the police officer did not explicitly tell White that White was free to leave, the officer's failure to do so does not render the encounter a seizure. See Orman, 486 F.3d at 1176...continue to full post

Full post as published by Fourth Amendment on October 05, 2008 (boomark / email).