California v. Hodari
U.S. Supreme Court (1991)
Author:- Bubba

I really hope you enjoy my miniBriefs -Bubba

Facts:- Two police officers were riding through a high crime area and they noticed a group of teens. The teens started running after they saw the officers approaching. One of the officer yelled "stop" but the teens kept running. One of the officer was able to tackle the respondent but just before tacking, the respondent threw something away which later turned out to be crack cocaine. The respondent argued that he was illegally seized by the officer and any evidence which was the result of this seizure should be suppressed.

Issue:- Was the respondent seized under the definition of Fourth Amendment when he threw away the crack cocaine?

Holding:- No

Reasoning:-The court ruled that in order for the respondent to be seized, the officers must had applied physical force or the respondent must had submitted to the authority of the officers. In this case, the officer only yelled out stop and the teens did not submit to this and they started running. The respondent was only seized when he was tackled by one of the officers and since he threw away the crack cocaine before being tackled, the evidence can not be suppressed.

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