The Fourth Amendment to the United States Constitution guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" by the police.
Interactions between police and citizens are generally categorized under the law into three types: (1) Consensual encounters; (2) Brief investigatory stops, which require reasonable suspicion of criminal activity; and (3) Arrests, that must be supported by probable cause. Gayton v. State, 361 Ga. App. 809 (2021); Barber v. State, 317 Ga. App. 600 (2012); Lewis v. State, 307 Ga. App. 593 (2011).
Type One: Consensual Encounters
In a consensual encounter, a police officer may approach a person, ask for identification, and freely question the person without any basis or belief that the person is involved in criminal activity. The officer may not detain the person or create the impression that the person may not leave. Culpepper v. State, 312 Ga. App. 115 (2011). The actions of an officer approaching a person or a stopped vehicle, requesting to see a driver's license, and asking about possible criminal or suspicious activity fall within the first type of police-citizen encounter. Bacallao v. State, 307 Ga. App. 539 (2011). As long as a reasonable person would feel free to decline the officer's request to speak with him or otherwise terminate the encounter, the encounter is consensual, and no reasonable suspicion is required. Quinn v. State, 268 Ga. 70 (1997). A reasonable person is someone who is neither guilty of criminal conduct and thus overly apprehensive, yet not insensitive to the seriousness of the circumstances. State v. Hammond, 313 Ga. App. 882 (2012); State v. Wintker, 223 Ga. App. 65 (1996).
Although the police may approach a person, ask for identification, and question the citizen, the person may refuse to answer or ignore the request and go on his way if he chooses. Thomas v. State, 301 Ga. App. 198 (2009). A person's ability to walk away from or otherwise avoid a police officer is the essence of a consensual encounter. State v. Richards, A13A2010 (2014); Gattison v. State, 309 Ga. App. 382 (2011). Even running from the police is permissible. Johnson v. State, 343 Ga. App. 310 (2017); In re. J.B., 314 Ga. App. 678 (2012); Santos v. State, 306 Ga. App. 772 (2010). However, a person who chooses to stop and talk to an officer is required to comply with the officer's reasonable demands including having to show the officer his hands. Santos v. State, 306 Ga. App. 772 (2010); Alvarez v. State, 313 Ga. App. 567 (2012). Refusal to do so may give rise to a reasonable suspicion that he poses a threat to the personal safety of the officer therefore justifying a type two investigatory stop.