Can the Police Stop and Talk on the Street?

Can the police approach and stop and talk to a person for no reason? The answer to that question is yes. Indeed, without any reason at all, police may approach a person on the street, at the mall, or in a park, and just start asking questions or ask to search a person and their belongings. However, per the Fifth Amendment privilege against self-incrimination, a person does not need to speak to law enforcement, nor consent to a search. And a person can tell the police they do not desire to speak and literally walk away. Nevertheless, police are not doing anything wrong in randomly approaching and questioning a person, unless the police suggest the person is required to speak or consent to a search.

There could be situations where police randomly approach a person, but develop reasonable suspicion during a consensual encounter. Once police reasonable suspicion is established, police may detain and frisk a person for officer safety. This is the Terry Stop and Frisk. Once reasonable suspicion is articulated, police may detain a person as long as it takes to dispel the suspicion. This is one of the many reasons a person should not allow police to randomly engage them on the street. Indeed, police may develop suspicions through an initial consensual conversation which will lead to the person being detained and frisked.

Consensually engaging in conversation with police or consenting to a requested search is never necessary. A person should always rely on their fourth (right against unreasonable search and seizure) and fifth amendment (privilege against self-incrimination) rights and never consent to any conversation or search with the police.

Any person who is arrested may have a legitimate search or seizure or self-incrimination issue. And should consult with an experienced criminal defense attorney. An experienced criminal defense attorney should be knowledgeable in these issues and skilled in identifying and framing these issues. Success on a Motion to Suppress due to police detaining with no reasonable suspicion could result in a suppression of evidence as fruits of the poisonous tree. This could certainly lead to a case dismissal.

In this video, Tempe Arizona's Best Criminal Defense Attorney and Top DUI Defense Attorney Jeremy L. Huss of Huss Law, PLLC discusses the circumstances surrounding police stop and talk on the street, and when it can turn into a "Terry" Stop and Frisk.

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