California v. Hodari D.
- Decided
- April 23, 1991
- Docket
- 89-1632
- Status
- Published
- Jurisdiction
- Federal
Cited 3,670 timesNo negative treatment found in this library
What later courts said
- holding that the Fourth Amendment is not triggered until the moment a person is actually seized — Flores v. City of Palacios (2004)
- holding that boy was not seized while fleeing from pursuing police officer until officer tackled him, bringing boy under physical control — Emil Ewolski v. City of Brunswick (2002)
- holding that a show of authority by a government actor does not constitute a seizure unless the subject yields or submits to it — Nieves v. McSweeney (2001)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice Scalia delivered the opinion of the Court.
Late one evening in April 1988, Officers Brian McColgin and Jerry Pertoso were on patrol in a high-crime area of Oakland, California. They were dressed in street clothes but wearing jackets with “Police” embossed on both front and back. Their unmarked car proceeded west on Foothill Boulevard, and turned south onto 63rd Avenue. As they rounded the corner, they saw four or five youths huddled around a small red car parked at the curb. When the youths [*623] saw the officers’ car approaching they apparently panicked, and took flight. The respondent here, Hodari D., and one companion ran west through an alley; the others fled south. The red car also headed south, at a high rate of speed.
The officers were suspicious and gave chase. McColgin remained in the car and continued south on 63rd Avenue; Pertoso left the car, ran back north along 63rd, then west on Foothill Boulevard, and turned south on 62nd Avenue. Hodari, meanwhile, emerged from the alley onto 62nd and ran north. Looking behind as he ran, he did not turn and see Pertoso until the officer was almost upon him, whereupon he tossed away what appeared to be a small rock. A moment later, Pertoso tackled Hodari, handcuffed him, and radioed for assistance. Hodari was found to be carrying $130 in cash and a pager; and the rock he had discarded was found to be crack cocaine.
Cite this
California v. Hodari D., 499 U.S. 621 (1991)Read the full opinion
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