Texas-Book-Gun Law Armed And Educated - Flipbook - Page 36
amendments, function to keep the government in check with strict
consequences for violations. See Section IX below for a detailed
explanation of what happens when the police violate your rights.
VII. ENCOUNTERS WITH THE POLICE
A. When do my Fourth Amendment rights matter?
The Fourth Amendment is designed to protect citizens during
encounters with the police and other government agents. These
encounters take several different forms. The Fourth Amendment
does not cover a private citizen interacting with other private citizens.
B. Voluntary encounter
A police officer can approach any person who is located in a “public
place” and engage them in ordinary conversation, just as any other
person could do. This can be very casual; “lovely weather,” or “nice
boots.” A person who finds themselves in a voluntary encounter with a
police officer is fully within their rights to not engage in conversation
or to walk away. See U.S. v. Drayton, 536 U.S. 194 (2002).
Courts have decided that the act of walking away from a police officer
during a voluntary encounter does not create a reasonable suspicion
that they are involved in criminal activity. However, any statements
given or observations made during a voluntary encounter may
establish reasonable suspicion to detain or probable cause to search or
arrest a person. Any evidence found during the voluntary encounter
may be used in court based on the person’s consent in talking with the
police officer. See Chapter 4 for more issues on consent.
EXAMPLE:
Jim is walking to a bus stop when the police approach and ask where
he is going. Jim ignores them just as the bus pulls up. Jim has a legal
right to get on the bus without being detained by the police.
Know Your Rights: Part I | 25
