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Sunday, December 12, 2010

FYI, Consenual arrest or encounter

Consenual arrest or encounter Case Law FYI
1. Florida v. Bostick, 501 U.S. 429 (1991)
2. Terry v. Ohio, 392 U.S. 1 (1968)
3. 2006 U.S. App. LEXIS 27400 (7th Cir. 2006)
4. Id. at 9.
5. United States v. Drayton, 536 U.S. 194, 200 (2002)
6. 18 U.S.C. §921(a)(20); 720 Ill. Comp. Stat. 5/24-1.1(a)
7. Michigan v. DeFillippo, 443 U.S. 31, 36 (1979)
8. United States v. Osborn, 120 F.3d 59, 62-63 (7th Cir. 1997)
9. see California v. Hodari D., 499 U.S. 621, 628-629 (1991)
10. Florida v. Bostick, 501 U.S. 429 (1991)

United States v. Douglass, No. 05-2608, 2006 U.S. App. LEXIS 27400 (7th Cir. 2006)
In conclusion, when conducting consensual encounters, officers should attempt to abide by the following:

* Do not block the citizen’s path, either with your person or police vehicle;
* Speak in normal tone of voice rather than giving authoritative commands;
* Request, rather than demand, to speak with the citizen;
* Avoid pointing guns at the citizen (unless necessary to protect yourself, in which case the encounter will probably not be deemed consensual from the point the weapon is drawn); and
* Avoid intimidating movements or gestures.
When you fail to test and stick around and let the cop develop PC and are eventually charged, that is deemed consensual arrest.
LEO calls it consensual encounter because those encounters don't all ways lead to arrest.\
Depends on which side of the fence you are on.
In considering the factors above, remember that the key question the courts will ask is whether the words or conduct used by the police officer would lead a reasonably objective person to believe they were not free to leave, refuse the officer, or otherwise terminate the encounter. x

OK call it what you want.....
It is a confusing term, and makes it harder, not easier for people to learn....(my goal)
If you google "Consensual Rape" you get the same kind of nonsense back as you do Consensual arrest.
Can you give me more info, on this part?
that is deemed consensual arrest.
any background on WHO deems it consensual arrest? The term is very intruiging, but it must be a secret.