A consensual police contact can become a Fourth Amendment seizure when the positioning of patrol cars communicate that its occupants are not free to leave. In United States v. Williams, the 4th Circuit found officers created an investigatory stop through their vehicle positioning. Because an uncorroborated anonymous drug tip did not provide reasonable suspicion, the resulting seizure was unlawful.
United States v. Williams, 2026 WL 1954519 (4th Cir. 2026)
What cop hasn’t approached a suspicious parked vehicle? Most of the time, the goal is simple: Walk up, ask a few questions, and see where the conversation leads. That kind of consensual encounter requires no reasonable suspicion. But as the Fourth Circuit recently reminded us, the way officers position their patrol cars can unintentionally transform a consensual contact into a Fourth Amendment seizure. And as we see in United States v. Williams, that can change the rules of engagement.
In Harpers Ferry, West Virginia, officers Pistone and Wilson responded to an anonymous 911 report that occupants of a white Mercedes were “possibly” involved in drug activity at an apartment complex. The caller, who remained anonymous, reported no weapons and described no emergency. When the officers located the vehicle, they stopped two marked patrol cars in the roadway, partially blocking the Mercedes before either officer got out.
As soon as one officer opened his door, he smelled marijuana. (West Virginia has not legalized recreational marijuana.) That odor led to a search, which ultimately led to the discovery of a firearm. But the 4th Circuit never reached the firearm issue because it concluded the seizure occurred when the officers positioned their cars in a way that blocked the Mercedes.
“When officers intend to conduct a consensual encounter, they should avoid unnecessary displays of authority that communicate the subject is not free to leave.”
The court emphasized that officers are free to approach parked vehicles and speak with occupants. What changed this encounter was the officers’ show of authority. Parking two patrol cars in a manner that would communicate to a reasonable person they were not free to drive away converted what the officers intended as a voluntary contact into an investigatory stop. Once that happened, the officers needed reasonable suspicion.
The court also found that the anonymous tip did not supply it. The caller accurately described the vehicle and its occupants, but provided no firsthand description of criminal conduct and no facts allowing officers to corroborate the allegation of drug dealing. Simply confirming innocent details — such as the location, vehicle, and appearance of the occupants — did not corroborate criminal activity. Nor did the fact that the apartment complex was located in a high-crime area.
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Officer Pistone testified he intended to make only a voluntary contact and would have allowed Williams to drive away if he hadn’t smelled the marijuana. Ironically, the court concluded his vehicle positioning accomplished the opposite.
When officers intend to conduct a consensual encounter, they should avoid unnecessary displays of authority that communicate the subject is not free to leave. Whenever officer safety and the circumstances permit, park normally, avoid boxing in the vehicle, and let the facts develop naturally. If reasonable suspicion exists, conduct a Terry stop. If it doesn’t, preserve the consensual nature of the contact. Good tactics and thoughtful positioning can make all the difference in the constitutional analysis.
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