dissenting:
Because I believe that the evidence obtained at 107th Street was properly admitted at trial, I would affirm the judgment of conviction.
The majority finds that the initial encounter between Babwah, Maharaj, and the customs officials constituted a permissible Terry-type detention, but that “by the time they reached 107th Street, some forty minutes after the original stop, the detention of the defendants had lost its identity as a lawful investigatory stop.” Therefore, the statements and physical evidence subsequently procured by the officials were tainted by this unlawful detention and should have been suppressed prior to trial.
I do not believe that either Babwah or Maharaj were “seized” at any time by the customs officials. As the majority notes, the initial encounter between Babwah, Ma-haraj, and the agents was a permissible Terry stop. During that encounter, Agents Devine and Aryai asked whether Babwah and Maharaj were willing to accompany them to the location at 107th Street. Both defendants consented. At that point the initial investigative detention became a consensual encounter between Babwah, Maharaj, and the customs officials.
It is well settled that there is nothing improper with a consensual encounter between police and potential suspects. See Florida v. Bostick, — U.S. -, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991); United States v. Springer, 946 F.2d 1012 (2d Cir.1991); United States v. Hooper, 935 F.2d 484 (2d Cir.), cert. denied, — U.S. -, 112 S.Ct. 663, 116 L.Ed.2d 754 (1991); United States v. Lee, 916 F.2d 814 (2d Cir.1990). In order to determine whether an encounter is consensual or coercive, the court must “consider all the circumstances surrounding the encounter to determine whether the police conduct would have communicated to a reasonable person that the person was not free to decline the officers’ request or otherwise terminate the encounter.” Florida v. Bostick, — U.S. at -, 111 S.Ct. at 2389. This court has identified various factors that would indicate a seizure, such as “the threatening presence of several officers; the display of a weapon; physical touching of the person by the officer; language or tone indicating that compliance with the officer was compulsory ...” United States v. Hooper, 935 F.2d at 491.
Here there is nothing to indicate that the consent was not freely given, or that Bab-wah and Maharaj felt compelled to accompany the officers. Prior to agreeing to accompany the officers to 107th Street, Babwah agreed to allow the agents to search his car; following the ride to 107th Street, Babwah signed a written consent allowing the agents to search his house. *36In fact, he initially refused to sign the consent form, as there was empty space between the text of the consent and the line for his signature, and he feared that the officers might add additional language. It is clear, then, that Babwah was willing to consent, but was also unafraid to question the officers’ requests. There is no reason to believe that he did not knowingly and willingly consent to accompany the officers to 107th Street. There is similarly no evidence that Maharaj did not willingly consent to ride to 107th Street as well.
Furthermore, throughout the initial encounter Babwah and Maharaj were in no way restrained or intimidated. There were only two officers present; they did not display their weapons and they spoke in conversational tones. Babwah and Maha-raj were free to walk around while the agents searched their car. Finally, the officers did not request that they travel in a police car; rather, the officers offered to allow Babwah and Maharaj to drive Bab-wah’s car to the location while agent De-vine sat in the rear. Clearly this arrangement would not suggest to the individuals that they were subject to arrest or compelled to acquiesce to the officers’ request.
The evidence obtained at the location on 107th Street was properly admitted at trial and the judgment of the district court should be affirmed.