The Fourth, Fifth, and Sixth Amendments to the United States Constitution provide fundamental rights to all citizens. For example, police officers cannot perform a search without probable cause. Nor can they interrogate someone on the subjective belief that they look suspicious. For the most part, police officers must be able to point to specific facts that give them probable cause to believe someone committed a crime before they subject that person to investigatory procedures.
Of course, there are exceptions to that general rule. One common exception is when a defendant engages in a consensual encounter with the police. Courts have held that consensual encounters do not require a police officer to develop probable cause. A recent California appellate decision illustrates this concept.
According to the court’s opinion, police officers were on patrol when they saw the defendant walk out of an apartment, look in their direction, and then turn around. The officers also saw the defendant put something into his pocket. The officers approached the defendant, asking him “Hey, how are you doing? What’s your name? Do you got anything illegal on you?” The defendant admitted to having a meth pipe on him. When asked if he had anything else illegal on him, the defendant admitted to having a “bunch of meth” on him. Police searched the defendant, finding methamphetamine, a pipe, and 162 dollars in small bills.