apr 23, 1991 - CALIFORNIA V. HODARI, 1991

Description:

Hodari was confronted by two police officers, panicked, and ran. While he was running, he threw a rock of crack-cocaine off to the side. Shortly after, he was tackled by the officer. Hodari moved to suppress the cocaine evidence, stating it was obtained during an unlawful search and seizure.

The Supreme Court had to decide if Hodair had been seized under the Fourth Amendment while he was being chased by the officer.

The Court ruled that he had not been seized. They held that a Fourth Amendment seizure requires physical force or submission to authority. Hodari had not been touched when he discarded the cocaine, and he had not submitted to authority because he was still running away.

(Lippman, Criminal Procedure, pgs. 85-87)
(https://www.oyez.org/cases/1990/89-1632)

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