Which term describes a police encounter where an officer simply talks to a person without detaining them?

• A. Consensual encounter
• B. Stop and frisk
• C. Field interrogation
• D. Arrest

Answer: (A)

Understanding the difference between voluntary and detaining encounters is what this item tests. In a consensual encounter, an officer talks to a person, asks questions, but the person is not detained and is free to walk away. No police authority is exercised through detention, so it does not trigger Fourth Amendment seizure requirements. A stop and frisk involves a seizure based on reasonable suspicion and can include a frisk; an arrest is custodial and based on probable cause; and field interrogation implies some level of inquiry under authority, which can involve suspicion or detention. Therefore, the term that describes simply talking to someone without detaining them is a consensual encounter.