SUPREME COURT OF THE UNITED STATES

California v. Hodari D.
499 U.S. 621 (1991)

CASE SUMMARY

Two officers were patrolling a high crime area of Oakland, California. They were plainclothes officers, but they did have jackets on that contained the word “Police” on the back. As they were patrolling they noticed a group of youths on a street corner who upon seeing the patrol car, became nervous and fled. One officer left the car to give chase on foot while the other officer proceeded to follow the fleeing youths with the car. One of the fleeing youths was Hodari D.

Hodari D. ran down an alley, looking behind him as he went. Unbeknownst to him one of the officers was in front of him. When Hodari turned his head forward and saw the officer he quickly threw away a small object that looked like a rock. The officer immediately subdued Hodari D., finding on his person a pager and $130 in cash. The officer also located the object that Hodari had thrown away and discovered that it was rock cocaine.

The issue in the case was whether Hodari had been seized under the Fourth Amendment by the mere presence of the police officer before him. The court ruled that he had not been seized at that point.

Justice Scalia, writing for the majority, described that seizure has historically meant physically “taking possession” of an object or person. The defendant had argued that the officer’s presence and his showing of authority created a seizure, that because the officer had been in front of Hodari it deprived him of his freedom to leave and thus created a seizure under the Fourth Amendment.

The court rejected this argument and held instead that a police officer must apply some physical force or restrain movement in some way to create a seizure. The mere yelling of “freeze” or “stop” is not enough to effectuate a seizure.

Thus Hodari D. was not seized until he was physically tackled and since he threw away the cocaine prior to this seizure the evidence was admissible against him. The dissent, however, echoed Hodari’s claims that a show of force, or the mere presence of an officer before you, creates a situation that subjectively denies a citizen of a feeling that he or she is free to leave.