Sunday, January 13, 2019

California v. Hodari Case Brief


    1. California v. Hodari case brief summary

      1. Hodari and his friends were approached by police and then began running from them. Hodari ran from the police and tossed a rock while running. When caught he was found with $130 cash, the rock turned out to be crack cocaine
        1. California is saying that just because the boys were running does not give rise to reasonable suspicion to stop them
        2. Government: they agree that the seize was unconstitutional because they didn’t have suspicion BUT the finding of the crack rock was not product of the seizure because he was not seized until he was tackled
        3. Hodari: once the police started to chase me I felt I was not free to leave therefore the crack WAS fruit of the seizure
      2. Seize: actually, bringing it within physical control
        1. His defense: the proposition that a seizure occurs when the officer by means of physical force or show of authority has in some way restrained the liberty of a citizen
      3. Does a seizure occur even though the subject does not yield? No
        1. Seizure means laying on of hands or application of physical force to restrain movement even when it is unsuccessful
      4. Mendenhall: a person has been seized only if a reasonable person would have believed he was not free to leave
        1. Objective standard
      5. Hodari did not comply with the show of authority to stop so there was no seizure until the police had tackled him, therefore the cocaine was not fruit of the seizure
      6. Arrest: if the bailiff had touched him
      7. DISSENT: under the Court’s holding, the subject will not be “seized” until the police exercise physical control over him, regardless of how much time lapses. Such a rule will significantly impede on citizens’ Fourth Amendment rights. An officer may signal a citizen to stop and either rely on the citizen’s response to justify his stop, or use the time it takes the citizen to come under his control to come up with a reason to justify his actions.

Support us by:
Visiting: http://www.fbdetox.com to rid yourself of that pesky social media addiction!
Checking out our lovely store on Etsy: http://www.bohobuttons.com

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.