Minor point, but important for new readers.
It can't be a consensual encounter and a stop at the same time. Stop is an abbreviation for Terry Stop/detention/detainment.
If it is a consensual encounter during which the cop is asking questions about the citizen himself, one would distinguish it by calling it an investigative contact or investigative encounter.
Probably the best case I ever investigated involved voluntary (non custodial) interrogation. In that case, I had suspicions (that did not rise ot the level of RAS let alone PC) that a person might be the culprit in a series of 3 arsons.
I asked him if he would come to the town hall (less intimidating environment than the PD) and answer some questions. He agreed. By telling him he was not under arrest, taking seperate cars to the interview, my providin him food and drink, that he was sitting by the open door, I was able to conduct a NONcustodial interrogation. Many Open Carry forum people would not agree to such an interrogation, but this guy did. To make a long story short, I eventually got a confession, and a good one since he admitted to the accelerants used, and a lot of other info that only the culprit would know.
And yea, the interrogation held up in court as not requiring miranda since I was consistent with the case law in establishing a NONcustodial interrogation.
I respect those who choose not to talk to police. Like I said, my experience with cops was mostly through playing in a band and they would come and shut us down, and also working on the program board at UCSB where we hired cops for security.
Imo, by establishing a friendly working relationship withe local police (county sheriff and camnpus PD), I probably got more leniency in regards to their letting us play a couple more songs before shutting down, etc.
On one occasion one of the cops actually sat in and guitar with us for a song. I think by not viewing cops as the enemy and treating them with respect and civility (but not subservient or bowing and scraping) one is more likely, ceteris paribus, to have positive encounters with them.
YMMV
I fully respect the choice of those to not talk to police, but fwiw, the VAST majority of the time I am talking to people, it is not pursuant to trying to make a criminal case against them, it's community oriented stuff like crime prevention, etc. I strongly suggest for those that are concerned about their local PD's practices (and who wouldn't be), to attend community meetings (if cops attend them in your area. They do in mine) and make your concerns heard, whether it's speeding in your neighborhood, or whatever. I also suggest people get a copy of their local PD's policies and procedures manual. P&P vary substantially agency to agency and if you are filming cops (which you should be), you will know more completely what is and isn't misconduct.
