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Consensual Encounter vs Investigatory vs Welfare Check

Posted by John P. Rutkowski | Aug 21, 2020 | 0 Comments

It is well recognized that police officers may conduct welfare checks and that such checks are considered consensual encounters that do not involve constitutional implications. [Greider v. State, 977 So.2d 789, 792 (Fla. 2d DCA 2008) [33 Fla. L. Weekly D949b]] (recognizing that officer's making initial contact with driver of car who was lawfully parked late at night in a park was an appropriate welfare check where officer testified he was concerned because towels were obscuring the car windows); Dep't of Highway Safety & Motor Vehicles v. Luttrell, 983 So.2d 1215, 1217 (Fla. 5th DCA 2008) [33 Fla. L. Weekly D1625a] (opining that officer's making contact with driver of parked car supported “a finding of a consensual encounter” and that “[t]he officer was not required to negate each and every possible act or circumstance that might transform a consensual encounter into an investigatory stop”). 112 So.3d at 555-556.  

 

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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