From: Quinlan Law Enforcement eNews Alert, January 8, 2009.
Encounter between officer and defendant in parking lot of convenience store was consensual
“An encounter between a police officer and a defendant, as the defendant was walking to his car at a convenience store, in which the officer asked the defendant if he had anything was illegal, was consensual thus did not violate the defendant’s Fourth Amendment rights. A police car had parked 12 feet behind the defendant’s car. The four officers on the scene were uniformed and the officer did not advise the defendant that he was free to leave. However, the encounter occurred in view of other patrons, and the officer did not touch the defendant until after he stated that he had a gun. Furthermore, only one of the officers approached the defendant, and the officer did not use an antagonistic tone.”