What is the defining characteristic of a consensual encounter?

A consensual encounter is characterized by the fact that the individual is free to leave at any time. This means that during a consensual encounter, a person is not subject to any form of detention by law enforcement; they can choose to continue their conversation with the officer or walk away.

This definition is critical as it distinguishes consensual encounters from other types of police interactions, such as detentions or arrests, where the individual does not have the same freedom of movement. The absence of coercion or restraint is what allows this type of encounter to be consensual, allowing for voluntary interaction between law enforcement and individuals.

In contrast, probable cause is a standard that applies to arrests and detentions, not consensual encounters. Detailing suspects without arrest also implies a level of restraint that conflicts with the notion of being free to leave, and questioning individuals without their consent would mean they are not truly free to leave the interaction or end the conversation.