General Rule: Contrary to a not uncommonly held belief that law enforcement contacts with private citizens require some articulable reason to be lawful, it is a general rule that any peace officer may approach and contact any person in public, or anywhere else the officer has a legal right to be, and engage that person in conversation. (Wilson v. Superior Court (1983) 34 Cal.3rd 777.)
No "probable cause" or even a "reasonable suspicion" is needed. (See below)
The law does not prohibit an officer from approaching any person in a public place and engaging that person in uncoerced conversation. (People v. Divito (1984) 152 Cal.App.3rd 11, 14; Florida v. Royer (1983) 460 U.S. 491 [75 L.Ed.2nd 229].)
"(L)aw enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions, (or) by putting questions to him if the person is willing to listen." (Florida v. Royer, supra, at p. 497 [75 L.Ed.2nd at p. 236].)
But: The person contacted is free to leave and need not respond to an officer's inquiries. (See below)
It does not become a detention (see below) merely because an officer approaches an individual on the street and asks a few questions. (In re Manual G. (1997) 16 Cal.4th 805, 821.)
back to top
