Nature of the Case
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Facts
Officers were patrolling when they came upon five youths who when they saw the officers they apparently panicked and took flight. Hodari (D) and a companion ran in one direction, three others ran in another and the red car they were standing by headed south at a high rate of speed. The officers were suspicious and gave chase. One of the officers was hot on the trail of D when it was noticed that D threw a small rock. Just a few seconds later, D was tackled, handcuffed and was found to be carrying $130 in cash, and a pager and the rock that was discarded was rock cocaine. D moved to suppress the evidence relating to the cocaine. The court denied the motion without opinion. The California Court of Appeal reversed, holding that D had been 'seized' when he saw the Officer running towards him, that this seizure was unreasonable under the Fourth Amendment, and that the evidence of cocaine had to be suppressed as the fruit of that illegal seizure. The issue was whether D had been seized before he dropped the drugs. If so, D argues, the drugs were the fruit of that seizure, and the evidence concerning them was properly excluded. If not, the drugs were abandoned by D and lawfully recovered by the police, and the evidence should have been admitted.
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