A person being approached by an officer and free to leave describes which type of encounter?

• A. Consensual encounter
• B. Investigatory detention
• C. Arrest
• D. Search with probable cause

Answer: (A)

Being approached by an officer and free to leave describes a consensual encounter. In this situation the interaction is voluntary, with no detention or coercion, and you’re free to walk away at any time. The officer may ask questions or request information, but they cannot force you to stay, detain you, or search you without separate justification.

If the person were not free to leave because the officer had a reasonable suspicion of criminal activity, that would be an investigatory detention. If there were probable cause to arrest, the person would likewise not be free to leave and an arrest could occur. A search with probable cause involves a separate action (a search) that isn’t what’s being described when someone is simply being approached and allowed to leave.