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California v. Hodari D

Posted By admin On In The Fourth Amendment: Arrest and Search and Seizure | No Comments

CitationCalifornia v. Hodari D., 1990 U.S. LEXIS 4246, 498 U.S. 807, 111 S. Ct. 38, 112 L. Ed. 2d 15, 59 U.S.L.W. 3243 (U.S. Oct. 1, 1990)
California v. Hodari D., 1990 U.S. LEXIS 4246, 498 U.S. 807, 111 S. Ct. 38, 112 L. Ed. 2d 15, 59 U.S.L.W. 3243 (U.S. Oct. 1, 1990)

Brief Fact Summary. Petitioner, Hodari D. (Petitioner), continued to flee from police after being told to halt.

Synopsis of Rule of Law. An arrest (seizure) occurs when physical force has been applied to a person, or when a person submits to the assertion of authority.

Facts. The Petitioner and other youths fled after seeing a patrolling police car. The police gave chase and ordered the Petitioner to stop. The Petitioner continued to flee, throwing a rock later identified as crack cocaine. The Petitioner was subsequently caught.

Issue. Has a seizure occurred when a person, who is told to stop by police, runs from the police?

Held. No. A seizure of a person has not occurred until that person has been physically seized, or seized through the submission to authority.

Discussion. An arrest has not occurred when a person runs from the police.