Limitations: Obviously, there being no "probable cause" or "reasonable suspicion" to believe any criminal activity is occurring during a consensual encounter, no search, frisk, or involuntary detention is allowed absent additional information amounting to at least a "reasonable suspicion" to believe that the person contacted is involved in criminal activity. (See below)
Consensual Encounters: Elevating a "consensual encounter" into a "detention" without legal cause may result in one or more of the following legal consequences:
Suppression of any resulting evidence under the "Exclusionary Rule." (See Chapter 1, above.)
Criminal prosecution of the offending law enforcement officer(s) for false imprisonment, pursuant to Penal Code §§ 236 and 237.
Civil liability and /or criminal prosecution for violation of the subject's civil rights. (E.g.; P.C. § 422.6, C.C. § 52.1, 42 U.S.C. § 1983, 18 U.S.C. §§ 241, 242.)
back to top