…he dropped the gun, which was abandoned under the Fourth Amendment. Application of Hodari D. to other Fourth Amendment issues. Hodari D. has been applied in later U.S. Supreme Court…
…the Fourth Amendment. Hodari D. and Mangum are discussed below. Facts in Hodari D. A group of youths, including the defendant, fled at the approach of an unmarked police car…
…in State v. Turnage, __ N.C. App. ___ (May 15, 2018). Background. The United States Supreme Court held in California v. Hodari D., 499 U.S. 621 (1991) that a person…
…person submits to an officer’s show of authority. In Hodari D. v. California, 499 U.S. 621 (1991), the Court noted that the application of any physical force to a suspect…
…similar results. See, e.g., United States v. Smith, 217 F.3d 746 (9th Cir. 2000) (relying on Hodari D. to reject the argument that “only the factors present up to the…
…officer’s show of authority. California v. Hodari D., 499 U.S. 621 (1991). When a person, including the occupant of a vehicle, is already stationary at the time an officer displays…
…Right upfront it’s important to note that if no seizure occurred, the Fourth Amendment isn’t implicated. See, e.g.,California v. Hodari D., 499 U.S. 621, 626 (1991) (because the defendant had…
…alone. (3) Walking away is much less suspicious than running. In California v. Hodari D., 499 U.S. 621 (1991), Justice Scalia famously quoted Proverbs 28:1 — “The wicked flee when…
…California v. Hodari D., 499 U.S. 621 626 (1991)). By a North Carolina statute enacted in 1901, the forcible or fraudulent kidnapping of any person was declared to be a…
