Voluntary Contact

Fundamentals of Procedural Law by Adam J. McKee

You know how you might chat with your friendly neighborhood police officer? That’s what we call “voluntary contact.” The Fourth Amendment of the U.S. Constitution protects us from unreasonable searches and seizures. But voluntary contact doesn’t fall into this category.

In a voluntary contact, a police officer might approach a person in a public place and have a conversation with them. The person is free to walk away anytime and may choose not to answer any questions.

How Does Voluntary Contact Work?

A critical point to remember is that a voluntary contact is just that – voluntary. Imagine you’re talking with a friend, you can leave the conversation at any time, right? It’s the same with voluntary contact with a police officer. If you feel that you’re being forced to stay, it’s no longer a voluntary contact.

The U.S. Supreme Court made this clear in a case called United States v. Mendenhall (1980). They said that factors like the officer’s tone, whether a weapon is shown, or any physical contact might make a person feel they can’t leave. If so, it’s not a voluntary contact anymore.

The Role of Consent in Voluntary Contact

Now let’s talk about consent. During a voluntary contact, an officer might ask to search you or your stuff. If you say yes, this is called giving “voluntary and intelligent consent.” If you give this consent, then the search is okay under the Fourth Amendment. The Supreme Court explained this in Schneckloth v. Bustamonte (1973).

But your consent must be freely given. You can’t be forced or tricked into giving it.

Schneckloth v. Bustamonte (1973)
Schneckloth v. Bustamonte (1973) was a United States Supreme Court case that dealt with the issue of voluntary consent in searches and seizures. The case involved a situation where the police officer asked the defendant for consent to search his vehicle without informing him of his right to refuse. The Court held that voluntary consent to search can be given even if the person is unaware of their right to refuse, as long as the consent is given freely and voluntarily. In plain English, the holding of the case means that if someone voluntarily agrees to a search by the police, the search is considered valid even if the person was not explicitly informed of their right to refuse.

Why is Voluntary Contact Important?

The idea behind voluntary contact is that not all conversations between the police and the public are bad. Sometimes, it’s just a way for police officers to gather information, talk to the community, and check out anything suspicious. This doesn’t always need legal rules like probable cause or reasonable suspicion.

But, some people are critical of voluntary contact. They worry that it can be abused and that some communities might feel pressured to do what police officers ask, even in a “voluntary” setting. It’s important to remember that true voluntary contact must be voluntary, without any pressure or fear.

Reasonable Suspicion during Voluntary Encounters

Reasonable suspicion during voluntary encounters is a pivotal aspect in evaluating the lawfulness of police actions. In the landmark case of Florida v. Bostick (501 U.S. 429, 1991), the United States Supreme Court delved into the notion of reasonable suspicion within the realm of voluntary encounters.

This case underscored that the approach and questioning of an individual by a police officer on a bus did not constitute a Fourth Amendment seizure, as the encounter remained consensual and devoid of coercion. It firmly established that reasonable suspicion, grounded in specific and articulable facts, is essential to justify further detention or a seizure. This significant precedent highlights the critical assessment of voluntariness when assessing the reasonableness of law enforcement actions.

Summary

“Voluntary contact” is a way for police officers to have a conversation with people in a public place without needing a legal reason to do so. It’s different from other police actions because the person can walk away or refuse to answer questions. It becomes more complicated when the police officer asks for consent to search the person or their property. If the person agrees freely, then the search is okay under the Fourth Amendment. But, there are concerns that some people might feel pressured into agreeing, even when it’s supposed to be voluntary.

Case Reading

Modification History

File Created:  08/07/2018

Last Modified:  07/10/2023

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