California v. Hodari D.

Supreme Court of the United States · 1991 · Criminal Procedure

499 U.S. 621 (1991)

Updated July 27, 2026

Criminal ProcedureFourth AmendmentSeizure of the personseizureshow of authoritysubmissionphysical forceabandonment

Facts

Two Oakland police officers in street clothes but marked police jackets approached a group of youths gathered around a parked car in a high-crime area. When the youths fled, Officer Pertoso pursued Hodari on foot; as Pertoso closed in, Hodari looked back, saw the officer nearly upon him, and threw away what appeared to be a small rock. A moment later Pertoso tackled and handcuffed Hodari, and the discarded rock was recovered and found to be crack cocaine. The State conceded for purposes of the case that the officer lacked reasonable suspicion to stop Hodari, so the only question was whether Hodari had already been seized when he discarded the cocaine.

Issue

Was Hodari seized within the meaning of the Fourth Amendment at the moment he threw away the cocaine, when an officer was chasing him and making a show of authority but had not yet touched him and Hodari had not stopped? If not, the cocaine was abandoned rather than the fruit of a seizure.

Rule

A person is seized under the Fourth Amendment only when an officer applies physical force to restrain movement or, absent physical force, when the person submits to the officer's show of authority. A show of authority alone, without submission, is not a seizure.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Late at night in Phoenix, Officer Lena Ortiz shouted, "Stop, police!" to Devin Cross, who immediately looked at her, turned, and kept sprinting down the sidewalk. While still running, Devin tossed a packet into a hedge; Officer Ortiz caught him several seconds later.

Was Devin seized for Fourth Amendment purposes when he discarded the packet?

Explanation. Under the majority rule, a seizure of the person occurs either by physical force or, absent physical force, by submission to a show of authority. Here there was no physical force before the discard, and Devin did not submit; he continued to flee. Even if the command conveyed that he was not free to leave, that is necessary but not sufficient absent submission. The packet was therefore abandoned before any seizure.