An encounter with a police officer in which the subject is free to disregard the officer and leave is best described as what?

• A. Arrest
• B. Consensual encounter
• C. Investigatory detention
• D. Probable cause search

Answer: (B)

The encounter described is a consensual encounter. In this situation the officer can approach and talk with you, but you’re free to disregard them and walk away at any time. Because you’re not subject to detention or arrest, no reasonable suspicion or probable cause is needed for the interaction to occur. It’s voluntary and non-coercive, which is why you’re free to leave.

If the scenario involved the officer blocking you, restricting your movement, or insisting you stay for questioning, that would suggest a detention, which requires at least reasonable suspicion. If there were a physical restraint or a belief you’re under arrest, that would move into an arrest. A search under probable cause refers to a different situation where the officer conducts a search based on probable cause, often with a warrant or specific exception. The key distinction here is freedom to leave the scene.