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.