Legal Question in Criminal Law in Colorado

Police contact vs Police Stop

What is the legal difference between a ''contact'' and a ''stop''?


Asked on 8/09/07, 7:41 pm

2 Answers from Attorneys

Jason Savela The Savela Law Firm, PC

Re: Police contact vs Police Stop

All stops are contacts, but not all contacts are stops.

A stop or arrest is a 4th amendment seizure and requires some suspicion of a crime or more.

A contact is any time a police officer approaches a person and talks with them. A contact is not a stop or 4th amendment seizure if it is consensual. This means that any time the police use their authority or force to make you talk with them, then it is a stop or arrest. If the police walk up to you and you do not walk away, then it is generally considered a consensual contact. This can happen when you are in a parked car or any where in public. If the police knock on your door and you open it, then that is a consensual contact.

Generally, if you do not want to talk with the police, start to walk away slowly with your hands in plain sight (or drive away), if they ask you to stop and talk, ask if you have to and keep walking slowly. Once they command or demand you to stop, turn on emergency lights, or grab you, then it is no longer consensual.

Be careful not to get shot and always be polite. Just because they stop you, it does not mean you have to talk with them. You can refuse to talk with anyone and I suggest you demand a lawyer and say nothing until you get one.

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Answered on 8/09/07, 8:48 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Police contact vs Police Stop

I have read the very thorough response by Jason Savela, and have nothing further to add. I concur.

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Answered on 8/12/07, 7:02 pm


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