According to Jamison Koehler, the rule on police stops in D.C. just got trickier, and it now goes something like this:
- If you consent to a search or conversation with police, your consent waives your rights to object to what they find or figure out.
- Without your consent, the police need a specific reason to detain you.
- If you could legally walk away from an encounter with police, then your continued participation in the encounter constitutes consent.
- Walking away from the police constitutes unprovoked flight, which gives police a specific reason to detain you.
So when a cop says he wants to talk to you, both staying to talk and walking away will result in you losing your rights? I guess you could simply stay and remain silent until he dismisses you, but how is that not the same as being detained?
I suspect I’m oversimplify and missing some important legal angles, so you should probably read the whole thing.