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Fleeing Suspect -- When Is Seizure Accomplished?

NCJ Number
130769
Journal
Crime to Court Dated: (July 1991) Pages: 1-2
Author(s)
J C Coleman
Date Published
1991
Length
2 pages
Annotation
A case from California (California v. Hodari D.) is outlined in which the United States Supreme Court has been asked to decide exactly when a fleeing suspect had been seized or arrested for constitutional purposes.
Abstract
The action occurred in Oakland, California and involved city police officers who were suspicious and gave chase when four or five youths huddled around a parked car panicked and took flight upon seeing the officers' car approaching. One officer caught up with Hodari on foot, tackled and handcuffed him, and radioed for assistance. Hodari was found to be carrying $130 in cash and a pager; a rock he had discarded was found to be crack cocaine. The court denied without opinion Hodari's motion to suppress the evidence relating to the cocaine. The California Court of Appeal held that the seizure of Hodari was unreasonable under the fourth amendment and that the evidence of cocaine had to be suppressed as the fruit of that illegal seizure. The California Supreme Court denied the State's application for review.