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
California is saying that just because the boys were running does not give rise to reasonable suspicion to stop them
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
Hodari: once the police started to chase me I felt I was not free to leave therefore the crack WAS fruit of the seizure
Seize: actually, bringing it within physical control
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
Does a seizure occur even though the subject does not yield? No
Seizure means laying on of hands or application of physical force to restrain movement even when it is unsuccessful
Mendenhall: a person has been seized only if a reasonable person would have believed he was not free to leave
Objective standard
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
Arrest: if the bailiff had touched him
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.
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