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The Range
Law & Order
Must notify law should be changed!
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<blockquote data-quote="David2012" data-source="post: 1749917" data-attributes="member: 24428"><p>MLR-- here is a passage from a article on 'Police Link' that addresses what you are writting about... it is a recommended approach for police...</p><p></p><p>Police Link- <em>"....officers should recognize that in cases where the officer has done nothing &#8211; either through words or conduct &#8211; that has implied that the citizen has no choice but to comply with the officers, the contact is consensual. Consensual contacts do not need to be supported by any level of suspicion whatsoever. In this age of mobile video recorders and body microphones, officers should approach situations in a consensual manner whenever possible. Even in cases where the officer has every intention of stopping the individual should the person refuse to cooperate, an approach that does not give away the officer’s intention, and indicates that the person must comply, would keep the contact consensual. Remember, it is how a reasonable (innocent) person would perceive the officer’s words or conduct that turns a consensual stop into a seizure. Where an officer uses a consensual approach, he or she may create a non- seizure. <strong>Anything that comes out of a consensual contact is admissible in court.</strong> [<em>Emphisis mine</em>.] Even a frisk can be consensual if the request to frisk is properly framed. Again, the officer’s subjective intention to conduct the frisk regardless if the person refuses consent is irrelevant. The only issue is whether the reasonable (innocent) person would feel as if they had no option but to comply with the officer’s request. The words or conduct of the officer in the approach makes all the difference."</em></p></blockquote><p></p>
[QUOTE="David2012, post: 1749917, member: 24428"] MLR-- here is a passage from a article on 'Police Link' that addresses what you are writting about... it is a recommended approach for police... Police Link- [I]"....officers should recognize that in cases where the officer has done nothing – either through words or conduct – that has implied that the citizen has no choice but to comply with the officers, the contact is consensual. Consensual contacts do not need to be supported by any level of suspicion whatsoever. In this age of mobile video recorders and body microphones, officers should approach situations in a consensual manner whenever possible. Even in cases where the officer has every intention of stopping the individual should the person refuse to cooperate, an approach that does not give away the officer’s intention, and indicates that the person must comply, would keep the contact consensual. Remember, it is how a reasonable (innocent) person would perceive the officer’s words or conduct that turns a consensual stop into a seizure. Where an officer uses a consensual approach, he or she may create a non- seizure. [U][/U][B]Anything that comes out of a consensual contact is admissible in court.[/B] [[I]Emphisis mine[/I].] Even a frisk can be consensual if the request to frisk is properly framed. Again, the officer’s subjective intention to conduct the frisk regardless if the person refuses consent is irrelevant. The only issue is whether the reasonable (innocent) person would feel as if they had no option but to comply with the officer’s request. The words or conduct of the officer in the approach makes all the difference."[/I] [/QUOTE]
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