Page 9 - Original 2020 Legal Guide By Jack Ryan

Task: Consensual Contact

Florida v. Bostick, 501 U.S. 429 (1991).

A police officer need not have reasonable suspicion or probable

cause when his or her encounter with a citizen is consensual.

Distinguishing consensual contact from seizure:

• Would the words or conduct used by the officer, lead a reasonably

objective innocent person to believe they were not free to leave,

refuse the officer’ “or otherwise terminate the encounter.”

• Mere questioning by police is insufficient to establish coercion on

the part of the officers.

©2020 Jack Ryan Legal & Liability Risk Management Institute 8