The Freedom to Leave a Police Encounter?: An Experiment

• In Event: Values, Beliefs, and Perceptions in Crime and Criminal Justice: Exploring Implications for Policy and Practice

Abstract

Encounters with the police can range from informal, friendly conversations in line at the grocery store to formal stops/seizures for the commission of crimes. However, for the public, even the presence of police can be coercive in nature, leading some to stay in these encounters/conversations despite their best interests and ability to leave. As such, if the public believes they are not free to leave a conversation because they are talking to an officer, they may risk providing an officer with information that may unknowingly lead to an investigation/Terry stop, violating 5th Amendment rights against self-incrimination. Using an experimental vignette (n = 1,006), I explore the conditions that influence perceptions of whether someone believes they (or their friend) are free to leave a police encounter. Findings suggest that providing a “free to leave” warning by police may increase the public’s understanding of their ability to leave an encounter with law enforcement, which may protect their 5th Amendment rights and provide clarity in formal police encounters/investigations.

Author

• Amanda Graham, Georgia Southern University