apr 23, 1991 - California v. Hodari D.

Description:

In Oakland, California, two plain clothes detectives wearing police jackets driving an unmarked police cruiser came upon a group of 4 or 5 people and a red sedan. The sedan took off at a high rate of speed and the individuals took off on foot. Police caught up to respondent Hodari D. and right before he was tackled to the ground by police he threw a bag of crack cocaine on the ground. During trial he motioned to suppress the evidence. The district court denied the motion. The California Court of Appeal reviewed the case and reversed the decision and stated that Hodari D. was seized when he saw the police officer running toward him and that it was unreasonable under the 4th Amendment and that the evidence against him was fruit of the poisonous tree..
The US Supreme Court ruled that by the police pulling up as a show of authority, that implied Hodori and the others should have halted but since he fled he was not seized until the officer tackled him. Thus, making the evidence not the fruit of a seizure and reversed the ruling by the Court of Appeals.


Source:
Criminal Procedure by Matthew Lippman (85-86)

Added to timeline:

Date: