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California Vs. Hodari D.
Cites for this judgment
- US Supreme Court
- Apr 23, 1991
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California v. HodariSearch
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D. - 499 U.S. 621 (1991) U.S. Supreme Court California v. HodariSearch
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D., 499 U.S. 621 (1991) California v. HodariSearch
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until he was tackled. Thus, the cocaine abandoned while he was running was not the fruit of a seizure, cf. Brower v. InyoSearch
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Nester v. UnitedSearch
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Brief any citation in this list with AI Studio
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U. S. 57 , 265 U. S. 58 , and his motion to exclude evidence of it was properly denied. United States v. MendenhallSearch
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such, would provide reasonable suspicion for the unquestioned seizure that occurred when he tackled Hodari. Cf. Rios v. UnitedSearch
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includes seizure of the person, see Henry v. UnitedSearch
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with lawful authority, whether or not it succeeded in subduing the arrestee, was sufficient. See, e.g., Whitehead v. KeyesSearch
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position is sustained by the so-called Mendenhall test, formulated by Justice Stewart's opinion in United States v. MendenhallSearch
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U. S. 544 , 446 U. S. 554 (1980), and adopted by the Court in later cases, see Michigan v. ChesternutSearch
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U.S. at 446 U. S. 554 . See also Florida v. RoyerSearch
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U. S. 577 (KENNEDY, J., concurring). Quite relevant to the present case, however, was our decision in Brower v. InyoSearch
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required to justify stopping Hodari, see Terry v. OhioSearch
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Nor have we ever done so. The dissent is wrong in saying that Terry v. OhioSearch
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the acceptable justification for such a seizure beyond probable cause. The dissent is correct that Katz v. UnitedSearch
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which is at odds with the broader view adopted by this Court almost 25 years ago. In Katz v. UnitedSearch
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at 389 U. S. 353 -354. We thus endorsed the position expounded by two of the dissenting Justices in Olmstead v. UnitedSearch
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the recording of oral statements, overheard without any 'technical trespass under . . . local property law.' Silverman v. UnitedSearch
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in the Katz case provided an appropriate predicate for the Court's holding in Terry v. OhioSearch
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See Dunaway v. NewSearch
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to stops that need not be justified by probable cause in the absence of a full-blown arrest. In United States v. MendenhallSearch
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more than whether a reasonable person felt free to leave, then the following passage from the Court's opinion in INS v. DelgadoSearch
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While applying such a test is relatively straightforward in a situation resembling a traditional arrest, see Dunaway v. NewSearch
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seizures also extends to 'seizures that involve only a brief detention short of traditional arrest.' United States v. Brignoni-PonceSearch
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Florida v. RoyerSearch
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Id. 466 U.S. at 466 U. S. 215 . More importantly, in Florida v. RoyerSearch
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and his refusal to listen or answer does not, without more, furnish those grounds. United States v. MendenhallSearch
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and sufficient to describe a Fourth Amendment seizure is evident from this passage in our opinion in United States v. JacobsenSearch
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See United States v. PlaceSearch
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Texas v. BrownSearch
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United States v. ChadwickSearch
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the Fourth Amendment -- meaningful interference, however brief, with an individual's freedom of movement. See Michigan v. SummersSearch
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Brown v. TexasSearch
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Davis v. MississippiSearch
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Id. 466 U.S. at 466 U. S. 113 , and n. 5. Finally, it is noteworthy that, in Michigan v. ChesternutSearch
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as in Tennessee v. GarnerSearch
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or by a hidden roadblock, as in Brower v. InyoSearch
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U.S. Supreme Court California v. HodariSearch
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Brower v. InyoSearch
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