What is required from an individual during a consensual encounter at the border?

During a consensual encounter at the border, it is essential that there is no suspicion of wrongdoing regarding the individual involved. This means that border authorities engage with individuals based on voluntary interactions where the person is free to leave or decline interaction. The lack of suspicion allows law enforcement to conduct these encounters without needing reasonable suspicion or probable cause, distinguishing them from more formal encounters that may involve searches or detentions. In such situations, the individual must feel free to exercise their rights without feeling compelled or pressured to stay.

The concept of a consensual encounter relies on the premise that individuals are not being stopped or detained against their will. It emphasizes the idea of voluntary compliance where the border agents are gathering information without any prior indication of illicit activity.