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CA9: Midday encounter quickly led to consent

By John Wesley Hall, Jr.

Defendant consented to a search when officers encountered him in midday, parked next to him, and asked to talk to him. United States v. Dawson, 2008 U.S. App. LEXIS 26897 (4th Cir. December 31, 2008), quoting United States v. Weaver, 282 F.3d 302, 309-10 (4th Cir. 2002)* (unpublished): [g]enerally speaking, a "seizure" warranting protection of the Fourth Amendment occurs when, in view of the totality of the circumstances surrounding the "stop," a reasonable person would not feel free to leave or otherwise terminate the encounter. Because the test is an objective one, its proper application is a question of law. Circumstances where the citizen would feel free to go, but stays and has a dialogue with the officer, are considered consensual, and therefore do not implicate the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on January 07, 2009 (boomark / email).