California POST Training Practice Test

What distinguishes a consensual encounter from a lawful detention?

1. Whether the officer speaks with the individual

2. Whether physical restraint or verbal commands are used

3. Whether the officer is in uniform or plain clothes

4. Whether the suspect can provide identification

The correct answer is: Whether physical restraint or verbal commands are used

A consensual encounter is characterized by its voluntary nature, where individuals are free to leave and do not feel compelled to stay and speak with law enforcement. In contrast, a lawful detention occurs when an officer has specific and articulable facts that justify detaining an individual for further investigation, and this often includes some form of physical restraint or verbal commands that control the individual's movement. The distinction rests heavily on the presence of coercion or the implication that the person must comply with the officer’s directions. In a consensual encounter, the officer's approach is non-threatening; the person retains the freedom to walk away. However, when there is a lawful detention, the individual is not free to leave, suggesting that their interaction with law enforcement is imposed rather than voluntary. This coercive element, indicated by physical restraint or commands, is what makes the situation a detention rather than a consensual encounter.