Can a police officer approach and question a person in a public place if the person is willing to respond?

California, United States of America


The following excerpt is from People v. Andrew F., 2d Crim. No. B294999 (Cal. App. 2019):

A police officer may approach and question a person in a public place if the person is willing to respond. (People v. Brown, supra, 61 Cal.4th 968, 974.) "Such consensual encounters present no constitutional concerns and do not require justification." (Ibid.) When the officer by means of physical force or show of authority, however, restrains the person's liberty, the seizure of that person must be constitutionally justified. (Ibid.)

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