ATTORNEY FOR APPELLANT:    ATTORNEYS FOR APPELLEE:

ANN M. SUTTON    STEVE CARTER
Marion County Public Defender Agency    Attorney General of Indiana
Indianapolis, Indiana
             CHRISTOPHER C.T. STEPHEN
            Deputy Attorney General
            Indianapolis, Indiana

     IN THE COURT OF APPEALS OF INDIANA

MICHAEL SHIRLEY,                )
                                     )
    Appellant-Defendant,             )
    )
vs.                                  )    No. 49A02-0306-CR-480
                                     )
STATE OF INDIANA,                    )
                                     )
Appellee-Plaintiff.                  )

    APPEAL FROM THE MARION COUNTY SUPERIOR COURT
    The Honorable Patrick Murphy, Judge
    Cause No. 49G14-0206-FD-156960

BROOK, Chief Judge

Finger, 799 N.E.2d at 532 (emphases added).
    In order to determine whether Officer Campbell impinged upon Shirley’s Fourth Amendment rights, we must first analyze what level of police investigation occurred. As the above excerpt indicates, not every encounter between a police officer and a citizen amounts to a seizure requiring objective justification. Indeed, to characterize every street encounter between a citizen and the police as a seizure, while not enhancing any interest guaranteed by the Fourth Amendment, would impose wholly unrealistic restrictions upon a wide variety of legitimate law enforcement practices. See United States v. Mendenhall, 446 U.S. 544, 553-54 (1980). As long as an individual engaged by the police remains free to leave, the encounter is consensual, see Jefferson, 780 N.E.2d at 403, and there has been no intrusion upon that person’s liberty or privacy to require some particularized and objective justification. See Mendenhall, 446 U.S. at 554. Examples of circumstances under which a reasonable person would have believed he was not free to leave include “the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer’s request might be compelled.” Overstreet v. State, 724 N.E.2d 661, 664 (Ind. Ct. App. 2000), trans. denied.
    In the present case, at 2:20 a.m., Officer Campbell observed Shirley both weaving his bicycle between the northbound and southbound lanes and falling off the bicycle two or three times. Officer Campbell did not stop Shirley per se. Rather, concerned about possible impairment of health or otherwise, Officer Campbell simply asked Shirley as he rode closer if he was all right. At that time, no other officers were present. Moreover, no evidence was presented that would indicate that Officer Campbell displayed a weapon or that he spoke using language, or in a tone of voice, mandating compliance. Instead, at this point, the situation appeared to be just the sort of voluntary interaction wherein a law enforcement officer was simply making a “casual and brief inquiry of a citizen which involves neither an arrest nor a stop.” See id. at 663. Thus, the Fourth Amendment was not implicated up to that point.
    However, in speaking with Shirley, Officer Campbell noticed that Shirley had “a strong odor of an alcoholic beverage on this breath,” glassy eyes, slightly slurred speech, and a sway. This additional information, coupled with the manner in which Shirley was maneuvering his bicycle at 2:20 a.m., caused Officer Campbell to suspect that Shirley was intoxicated. Hence, the officer requested identification and the casual inquiry became a stop. See Finger, 799 N.E.2d at 533 (noting how officer’s retention of a driver’s license converted a consensual encounter into an investigative stop requiring reasonable suspicion).
    To withstand Constitutional scrutiny, an investigatory stop requires the presence of a reasonable suspicion based on articulable facts which, together with the reasonable inferences arising therefrom, would permit an ordinary prudent person to believe that criminal activity has or was about to occur. Burkett v. State, 736 N.E.2d 304, 306 (Ind. Ct. App. 2000). “Such reasonable suspicion must be comprised of more than an officer’s general ‘hunches’ or unparticularized suspicions.” Webb v. State, 714 N.E.2d 787, 788 (Ind. Ct. App. 1999). The facts supporting a reasonable suspicion that criminal activity is afoot must rise to “some minimum level of objective justification” for the temporary detention of a person to be valid. Reeves v. State, 666 N.E.2d 933, 936 (Ind. Ct. App. 1996).
    We have no trouble concluding that under the circumstances, Officer Campbell had reasonable suspicion to believe that criminal activity, specifically public intoxication, See footnote was afoot. Accordingly, Officer Campbell’s request for identification was justified. Upon calling in the information and learning of the outstanding arrest warrant, Officer Campbell placed Shirley under arrest, conducted a lawful search incident to arrest, and found the pills. Given these facts, we conclude that there was no violation of the Fourth Amendment.See footnote Accordingly, the trial court did not abuse its discretion in denying the motion to suppress evidence.