Understanding Whether a Seizure Occurs When an Officer's Vehicle Blocks Another Vehicle

In California v. Hodari D., 499 U.S. 621 (1991), the United States Supreme Court reformulated the definition of a seizure of a person under the Fourth Amendment. This post discusses this case and its application to a particular issue: whether an officer’s blocking another vehicle with the officer’s vehicle is a seizure of the vehicle occupants. Facts and issues in Hodari D. A group of youths, including the defendant, fled at the approach of an unmarked police car with two officers inside. One of the officers, who was dressed in street clothes but was wearing a jacket with the word “Police” embossed on both front and back, left the car and chased them. Eventually, the officer and the defendant were face-to-face running toward each other. The defendant tossed away what appeared to be a small rock (which later was determined to be rock cocaine), and then the officer tackled him. Because the State of California conceded before the United States Supreme Court that the officer did not have reasonable suspicion to make an investigative stop until after the defendant tossed the rock cocaine, the Court was required to determine when Hodari D. was seized. If he was seized before the cocaine was tossed, its discovery was the fruit of the poisonous tree (the illegal seizure) and inadmissible at trial. If the cocaine was tossed before Hodari D. was seized, its discovery, seizure, and admission at trial would be justified as abandoned property not subject to the Fourth Amendment. Ruling. The Court [...]