CALIFORNIA V. HODARI D.
499 U.S. 621 (1991)
NATURE OF THE CASE: This was a dispute over when a seizure occurs if there is no physical
force applied to the party.
FACTS: Officers were patrolling when they came upon five youths who when they saw the
officers they apparently panicked and took flight. Hodari (D) and a companion ran in one
direction, three others ran in another and the red car they were standing by headed south at
a high rate of speed. The officers were suspicious and gave chase. One of the officers was
hot on the trail of D when it was noticed that D threw a small rock. Just a few seconds
later, D was tackled, handcuffed and was found to be carrying $130 in cash, and a pager, and
the rock that was discarded was rock cocaine. D moved to suppress the evidence relating to
the cocaine. The court denied the motion without opinion. The California Court of Appeal
reversed, holding that D had been 'seized' when he saw the Officer running towards him, that
this seizure was unreasonable under the Fourth Amendment, and that the evidence of cocaine
had to be suppressed as the fruit of that illegal seizure. The issue was whether D had been
seized before he dropped the drugs. If so, D argues, the drugs were the fruit of that
seizure and the evidence concerning them was properly excluded. If not, the drugs were
abandoned by D and lawfully recovered by the police, and the evidence should have been
admitted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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