California v. Hodari D.
Citation and Court
499 U.S. 621 (1991) — Supreme Court of the United States
Facts
Two officers on patrol in a high-crime area approached a group of youths, who fled. Officer Pertoso chased Hodari D. on foot. Just before being tackled, Hodari threw away what turned out to be crack cocaine. The officers had no warrant and arguably no reasonable suspicion at the moment of the chase. The question was whether Hodari had been “seized” when the officer began chasing him (before he discarded the cocaine).
Issue
Does a show of authority by police constitute a Fourth Amendment seizure of a person who does not comply with that show of authority and does not submit to police control?
Holding
No; a seizure occurs only when there is either physical force applied to the person or the person voluntarily submits to the officer’s show of authority. Flight does not constitute a seizure.
Rule / Doctrine
A Fourth Amendment seizure of a person requires either (1) physical touching (laying on of hands), however slight, or (2) submission to the officer’s assertion of authority. A person who flees and does not submit to a show of authority has not been seized, and anything abandoned during the flight is not the fruit of a seizure.
Significance
Hodari D. defines when a “seizure” occurs for Fourth Amendment purposes, with the practical consequence that abandoned contraband discarded during a chase is not suppressed—because no seizure occurred at the moment of abandonment. It also confirms that mere pursuit without physical contact is not a seizure.