Facts
- Two plainclothes police officers in an unmarked car approached several youths gathered near a small red car in Oakland, California; the youths ran.
- Officer Pertoso exited the car and chased respondent Hodari D., a juvenile, on foot.
- During the chase, Hodari looked back, saw Pertoso nearly upon him, and threw away a small rock.
- Moments later, Pertoso tackled and handcuffed Hodari.
- The discarded rock was recovered and identified as crack cocaine.
Issues
- Whether a suspect is “seized” under the Fourth Amendment during a police chase before physical contact, when the suspect does not submit to a show of authority.
- Whether drugs discarded while the suspect is still fleeing must be suppressed as the fruit of an unlawful seizure.
Decision
- The Supreme Court reversed the judgment suppressing the cocaine and remanded.
- The Court held Hodari was not seized when he discarded the cocaine because he had not been touched and had not submitted to any show of authority.
- The seizure occurred only when Hodari was tackled; therefore, the cocaine discarded beforehand was not the fruit of a seizure and was admissible.
Legal Principles
- A “seizure” of the person requires either (1) the application of physical force, however slight, or (2) submission to an officer’s show of authority.
- A police pursuit, without physical force and without the suspect’s submission, does not constitute a seizure.
- Property discarded while a suspect is fleeing and before a seizure occurs is treated as abandoned and is not subject to exclusion as fruit of an unlawful seizure.
Conclusion
The Court held that Fourth Amendment seizure protections attach in a pursuit only upon physical force or the suspect’s submission; because Hodari discarded the cocaine while still fleeing and before being tackled, the evidence was not suppressible.