What characterizes a consensual encounter?

A consensual encounter is characterized by face-to-face contact where the individual feels free to leave. This type of interaction occurs when law enforcement approaches a person in a manner that does not impose any legal obligation or coercion. The individual is not detained, is not under arrest, and has the option to disengage from the encounter at any time without facing repercussions.

This distinction is significant because a consensual encounter allows for a voluntary exchange of information, where the individual can choose whether or not to speak to law enforcement. Unlike in situations involving mandatory participation or fear of legal repercussions, consent plays a key role in determining the nature of the encounter. In a consensual encounter, the atmosphere remains non-threatening, enabling open communication without the pressure of intimidation or coercive tactics, such as formal interrogation.