When Am I Free To Leave A Police Encounter?

When determining whether a particular police encounter with a suspect amounted to a detention, an objective standard is used by the Courts.  The question is, in view of all surrounding circumstances, would a reasonable person in the suspect’s position have believed he or she was not free to leave?

If a reasonable person would have believed that he or she was not free to leave, the encounter will likely be characterized as a detention.  On the other hand, if a reasonable person would have felt free to leave, the encounter will be deemed merely a “casual encounter.” This issue comes under the FOURTH AMENDMENT of the United States Constitution. An OBJECTIVE standard is used during the analysis of whether there has been a "seizure" of defendant's person. Not a subjective standard, meaning - an officer's motivation or purposes and defendant's actual state of mind are generally irrelevant. What is relevant is "SPECIFIC AND ARTICULABLE" facts and reasonable inferences therefrom.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.