Talking with Police by Jared Clayton

In Texas, a person has three basic types of encounters with law enforcement.

  1. Consensual Encounters – No 4th amendment protections and the conversation can be stopped by either party; “Nice talking to you, but I’ve got a movie to see.”
  2. Investigatory Detentions – you reasonably feel like you are not free to leave and yield to the Officer’s authority, 4th amendment protections are initiated, no requirement for Officer to have warrants or probable cause
  3. Arrest – 4th amendment protections in full effect, Officer must have a warrant or Probable cause, “Book’em Dan-O.”

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