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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-seven 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 an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses.

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