Eleventh Circuit: Michelle Lee Helm v. Greg Carroll, et al

 

In considering whether a reasonable person would have thought that they could have walked away from an allegedly consensual encounter with the police, the race of the suspect is not a relevant factor.  This consideration would be insufficiently universal to be objective, and offends Equal protection.

Concurrence in J:

Ideally, the law would be that the police must affirmatively clarify whether a suspect is free to leave an allegedly consensual but inherently coercive encounter.  Offends Equal Protection.


Michelle Lee Helm v. Greg Carroll, et al