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Old December 14, 2009, 09:56 AM   #13
Brian Pfleuger
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Join Date: June 25, 2008
Location: Austin, CO
Posts: 19,578
Quote:
Originally Posted by Destructo6
A cop can initiate a consentual encounter, same as any private citizen. A citizen is free to decline to engage in said encounter.

I don't think it's very reasonable to rely on that unless the officer informs the person that they are free to walk away.

Most people will assume that when an officer asks to speak with you that they do so with the force of law.

Besides that, I know for a fact that refusal to allow a search or refusal to talk will often (usually) be considered suspicious and the officers will do EVERYTHING in their power to "force" a search. Being that they are experienced and informed and the citizen is generally inexperienced and not aware of the legal intricacies, the officer will "win" that debate.
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