California v. Hodari D

In California v. Hodari D., 499 U.S. 621 (1991), officers dressed in street clothes but wearing jackets embossed front and back with the word "Police" were on patrol in an unmarked car, when they saw several youths huddled around a parked car. ( Id. at p. 622.) The youths fled when they saw the officers' car. The officers gave chase. One officer left the car and chased the defendant on foot. Looking behind as he ran, the defendant did not turn and see the officer until the officer was almost upon him, whereupon the defendant tossed away an object. A moment later, the officer tackled the defendant, handcuffed him, and recovered the object, which was found to be crack cocaine. ( Id. at p. 623.) The state admitted the officer initially had no grounds to chase the suspect for the purpose of stopping him. However, the defendant's conduct in throwing away the package during the chase did provide reasonable suspicion for a stop. The United States Supreme Court held a seizure for Fourth Amendment purposes "requires either physical force . . . or, where that is absent, submission to the assertion of authority." ( Id. at p. 626.) Because no seizure occurred until the defendant yielded, i.e., was tackled by the officer, the drugs were not the fruit of any illegal seizure. ( Id. at p. 629.) The Court clarified when encounters between police officers and citizens rise to the level of an arrest. Two officers saw a group of youths gathered around a parked car. Id. at 622-23. As the officers approached, the group scattered. Id. One individual, Hodari, fled the scene with a police officer giving chase. Id. Just before being tackled and handcuffed, Hodari tossed away a small item that was later determined to be crack cocaine. Id. The Court held that Hodari was seized at the moment he was tackled. Id. at 629. It defined an arrest as requiring use of physical force or a submission to a show of authority. Id. at 626. "To constitute an arrest, however-the quintessential 'seizure of the person' under our Fourth Amendment jurisprudence-the mere grasping or application of physical force with lawful authority, whether or not it succeeded in subduing the arrestee, was sufficient." Id. at 624. In sum, as the defendant and other young men were observed standing on the street by officers in a passing police vehicle. (Hodari, supra, at pp. 622-623.) When the officers approached the group, the defendant and a companion ran through an alley; the officers gave chase. (Id. at p. 623.) Hodari was observed by one of the pursuing officers as he "tossed away what appeared to be a small rock." (Ibid.) He was then tackled by an officer, and "the rock he had discarded was found to be crack cocaine." (Ibid.) The court held that absent any use of physical force by the officer or submission to the assertion of authority the defendant "was not seized until he was tackled. The cocaine abandoned while he was running was in this case not the fruit of a seizure, and his motion to exclude evidence of it was properly denied." (Id. at p. 629)