{"id":2522,"date":"2009-02-07T08:49:31","date_gmt":"2008-10-05T07:02:50","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-10-06T07:11:02","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2522","title":{"rendered":"CA9: Person stopped does not have to be told he was free to leave for a stop to be consensual"},"content":{"rendered":"

Defendant was not stopped, and the encounter was consensual. He did not have to be told he was free to leave. United States v. White, 295 Fed. Appx. 186 (9th Cir. September 29, 2008) (unpublished):<\/p>\n

Here, the encounter between White and the officer was not a seizure, but rather a consensual encounter, wherein the officer merely asked questions and White was free to leave the encounter at any time. The officer approached White alone and in an non-threatening manner. Additionally, the encounter occurred in the open public space of a motel parking lot. Although the police officer did not explicitly tell White that White was free to leave, the officer’s failure to do so does not render the encounter a seizure. See Orman<\/em>, 486 F.3d at 1176. Further, there was no evidence that White attempted to terminate the encounter but was unable to do so. See United States v. Cormier<\/em>, 220 F.3d 1103, 1110 (9th Cir. 2000).<\/p><\/blockquote>\n

Informant’s information was specific and corroborated. It showed that he had inside information. United States v. Schmidt, 2008 U.S. Dist. LEXIS 77482 (D. Kan. September 29, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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