california
hodari
argued
january
decided
april
group
youths
including
respondent
hodari
fled
approach
unmarked
police
car
oakland
california
street
officer
pertoso
wearing
jacket
police
embossed
front
left
car
give
chase
pertoso
follow
hodari
directly
took
circuitous
route
brought
two
face
face
parallel
street
hodari
however
looking
behind
ran
turn
see
pertoso
officer
almost
upon
whereupon
hodari
tossed
away
small
rock
pertoso
tackled
police
recovered
rock
proved
crack
cocaine
juvenile
proceeding
hodari
denied
motion
suppress
evidence
relating
cocaine
state
appeal
reversed
holding
hodari
seized
saw
pertoso
running
towards
seizure
unreasonable
fourth
amendment
state
conceded
pertoso
reasonable
suspicion
required
justify
stopping
hodari
therefore
evidence
cocaine
suppressed
fruit
illegal
seizure
held
issue
presented
whether
time
dropped
drugs
hodari
seized
within
meaning
fourth
amendment
must
answered
negative
answer
question
looks
common
law
arrest
constitute
seizure
person
constitute
arrest
quintessential
seizure
person
fourth
amendment
jurisprudence
must
either
application
physical
force
however
slight
absent
submission
officer
show
authority
restrain
subject
liberty
physical
force
applied
case
since
hodari
untouched
pertoso
dropped
drugs
moreover
assuming
pertoso
pursuit
constituted
show
authority
enjoining
hodari
halt
hodari
comply
injunction
therefore
seized
tackled
thus
cocaine
abandoned
running
fruit
seizure
cf
brower
inyo
county
nester
motion
exclude
evidence
properly
denied
mendenhall
opinion
stewart
progeny
distinguished
pp
reversed
remanded
scalia
delivered
opinion
rehnquist
joined
white
blackmun
kennedy
souter
joined
stevens
filed
dissenting
opinion
marshall
joined
post
ronald
niver
deputy
attorney
general
california
argued
cause
petitioner
briefs
john
van
de
kamp
attorney
general
richard
iglehart
chief
assistant
attorney
general
john
sugiyama
senior
assistant
attorney
general
clifford
thompson
morris
beatus
deputy
attorneys
general
clifford
sloan
argued
cause
amicus
curiae
urging
reversal
brief
solicitor
general
starr
assistant
attorney
general
mueller
deputy
solicitor
general
bryson
paul
larkin
james
lozenski
appointment
argued
cause
respondent
brief
bradley
briefs
amici
curiae
urging
reversal
filed
criminal
justice
legal
foundation
kent
scheidegger
charles
hobson
wayne
county
prosecuting
attorney
john
pro
se
timothy
baughman
briefs
amici
curiae
urging
affirmance
filed
california
attorneys
criminal
justice
paul
gabbert
national
association
criminal
defense
lawyers
paul
morris
briefs
amici
curiae
filed
appellate
committee
california
district
attorneys
association
ira
reiner
harry
sondheim
marvin
cahn
pro
se
justice
scalia
delivered
opinion
late
one
evening
april
officers
brian
mccolgin
jerry
pertoso
patrol
area
oakland
california
dressed
street
clothes
wearing
jackets
police
embossed
front
back
unmarked
car
proceeded
west
foothill
boulevard
turned
south
onto
avenue
rounded
corner
saw
four
five
youths
huddled
around
small
red
car
parked
curb
youths
saw
officers
car
approaching
apparently
panicked
took
flight
respondent
hodari
one
companion
ran
west
alley
others
fled
south
red
car
also
headed
south
high
rate
speed
officers
suspicious
gave
chase
mccolgin
remained
car
continued
south
avenue
pertoso
left
car
ran
back
north
along
west
foothill
boulevard
turned
south
avenue
hodari
meanwhile
emerged
alley
onto
ran
north
looking
behind
ran
turn
see
pertoso
officer
almost
upon
whereupon
tossed
away
appeared
small
rock
moment
later
pertoso
tackled
hodari
handcuffed
radioed
assistance
hodari
found
carrying
cash
pager
rock
discarded
found
crack
cocaine
juvenile
proceeding
brought
hodari
moved
suppress
evidence
relating
cocaine
denied
motion
without
opinion
california
appeal
reversed
holding
hodari
seized
saw
officer
pertoso
running
towards
seizure
unreasonable
fourth
amendment
evidence
cocaine
suppressed
fruit
illegal
seizure
california
denied
state
application
review
granted
certiorari
case
comes
us
issue
presented
whether
time
dropped
drugs
hodari
seized
within
meaning
fourth
amendment
respondent
argues
drugs
fruit
seizure
evidence
concerning
properly
excluded
drugs
abandoned
hodari
lawfully
recovered
police
evidence
admitted
addition
course
pertoso
seeing
rock
cocaine
least
recognized
provide
reasonable
suspicion
unquestioned
seizure
occurred
tackled
hodari
cf
rios
long
understood
fourth
amendment
protection
unreasonable
seizures
includes
seizure
person
see
henry
time
founding
present
word
seizure
meant
taking
possession
webster
american
dictionary
english
language
bouvier
law
dictionary
ed
webster
third
new
international
dictionary
purposes
common
law
word
connoted
merely
grasping
applying
physical
force
animate
inanimate
object
question
actually
bringing
within
physical
control
ship
still
fleeing
even
though
attack
considered
seized
war
prize
cf
josefa
segunda
wheat
res
capable
manual
delivery
seized
tak
en
custody
pelham
rose
wall
constitute
arrest
however
quintessential
seizure
person
fourth
amendment
jurisprudence
mere
grasping
application
physical
force
lawful
authority
whether
succeeded
subduing
arrestee
sufficient
see
whitehead
keyes
mass
officer
effects
arrest
person
authority
arrest
laying
hand
purpose
arresting
though
may
succeed
stopping
holding
restatement
torts
comment
one
commentator
described
constructive
detention
constitute
arrest
although
party
never
actually
brought
within
physical
control
party
making
arrest
accomplished
merely
touching
however
slightly
body
accused
party
making
arrest
purpose
although
succeed
stopping
holding
even
instant
bailiff
tried
arrest
one
fought
fork
said
bailiff
touched
arrest
cornelius
search
seizure
ed
omitted
language
fourth
amendment
course
sustain
respondent
contention
word
seizure
readily
bears
meaning
laying
hands
application
physical
force
restrain
movement
even
ultimately
unsuccessful
seized
broke
grasp
remotely
apply
however
prospect
policeman
yelling
stop
name
law
fleeing
form
continues
flee
seizure
result
respondent
wishes
achieve
produced
indirectly
suggesting
pertoso
show
authority
arrest
appealing
principle
arrests
seizures
arrest
requires
either
physical
force
described
absent
submission
assertion
authority
mere
words
constitute
arrest
hand
actual
physical
touching
essential
apparent
inconsistency
two
parts
statement
explained
fact
assertion
authority
purpose
arrest
followed
submission
arrestee
constitutes
arrest
arrest
without
either
touching
submission
perkins
law
arrest
iowa
footnotes
omitted
respondent
contends
position
sustained
mendenhall
test
formulated
justice
stewart
opinion
mendenhall
adopted
later
cases
see
michigan
chesternut
ins
delgado
person
seized
within
meaning
fourth
amendment
view
circumstances
surrounding
incident
reasonable
person
believed
free
leave
see
also
florida
royer
opinion
white
seeking
rely
upon
test
respondent
fails
read
carefully
says
person
seized
seized
whenever
necessary
sufficient
condition
seizure
precisely
seizure
effected
show
authority
mendenhall
establishes
test
existence
show
authority
objective
one
whether
citizen
perceived
ordered
restrict
movement
whether
officer
words
actions
conveyed
reasonable
person
application
objective
test
basis
decision
case
principally
relied
upon
respondent
chesternut
supra
concluded
police
cruiser
slow
following
defendant
convey
message
free
disregard
police
go
business
address
chesternut
however
question
whether
mendenhall
test
met
message
defendant
free
leave
conveyed
fourth
amendment
seizure
occurred
see
kennedy
concurring
quite
relevant
present
case
however
decision
brower
inyo
county
case
police
cars
flashing
lights
chased
decedent
miles
surely
adequate
show
authority
stop
fatal
crash
blockade
issue
whether
death
held
consequence
unreasonable
seizure
violation
fourth
amendment
even
consider
possibility
seizure
occurred
course
chase
explained
show
authority
produce
stop
discussed
opinion
justice
holmes
involving
situation
much
different
present
case
revenue
agents
picked
containers
dropped
moonshiners
pursuing
without
adequate
warrant
containers
excluded
product
unlawful
seizure
defendant
acts
associates
disclosed
jug
jar
bottle
seizure
sense
law
officers
examined
contents
abandoned
nester
true
sum
assuming
pertoso
pursuit
present
case
constituted
show
authority
enjoining
hodari
halt
since
hodari
comply
injunction
seized
tackled
cocaine
abandoned
running
case
fruit
seizure
motion
exclude
evidence
properly
denied
reverse
decision
california
appeal
remand
proceedings
inconsistent
opinion
ordered
footnotes
simple
reason
involves
neither
post
arcane
knowledge
legal
history
irrelevant
english
law
proscribed
unlawful
attempt
take
presumptively
innocent
person
custody
post
consulted
common
law
explain
meaning
seizure
contrary
dissent
portrayal
expand
rather
contract
meaning
since
one
normally
think
mere
touching
person
suffice
neither
usage
common
law
tradition
makes
attempted
seizure
seizure
common
law
may
made
attempted
seizure
unlawful
certain
circumstances
made
many
things
unlawful
elevated
constitutional
proscriptions
ever
done
dissent
wrong
saying
terry
ohio
broadened
range
encounters
encompassed
within
term
seizure
post
terry
unquestionably
involved
conduct
constitute
seizure
novelty
expanding
acceptable
justification
seizure
beyond
probable
cause
dissent
correct
katz
unequivocally
reject
notion
common
law
arrest
defines
limits
term
seizure
fourth
amendment
post
assert
defines
limits
term
seizure
defines
limits
seizure
person
katz
stands
proposition
items
subject
seizure
common
law
telephone
conversations
seized
fourth
amendment
quite
different
saying
constitutes
arrest
seizure
person
changed
justice
stevens
justice
marshall
joins
dissenting
narrow
construction
word
seizure
represents
significant
view
unfortunate
departure
prior
case
law
construing
fourth
amendment
almost
quarter
century
ago
two
landmark
cases
one
broadening
protection
individual
privacy
broadening
powers
law
enforcement
officers
rejected
method
fourth
amendment
analysis
today
majority
endorses
particular
adopts
definition
seizure
unfaithful
long
line
fourth
amendment
cases
even
defining
seizure
first
time
definition
chooses
today
profoundly
unwise
decision
assumes
without
acknowledging
police
officer
may
fire
weapon
innocent
citizen
implicate
fourth
amendment
long
misses
target
purposes
decision
following
propositions
dispute
first
officer
pertoso
began
pursuit
respondent
officer
lawful
basis
either
stopping
arresting
respondent
see
app
ante
second
officer
chase
amounted
show
force
soon
respondent
saw
officer
nearly
upon
see
ante
third
act
discarding
rock
cocaine
direct
consequence
show
force
see
pet
cert
fourth
correctly
demonstrates
common
law
arrest
occurred
officer
tackled
respondent
see
ante
thus
quite
right
concluding
abandonment
rock
fruit
common
law
arrest
equally
clear
however
officer
succeeded
touching
respondent
dropped
rock
even
subdue
arrest
occurred
see
ante
event
assuming
touching
precipitated
abandonment
evidence
fruit
unlawful
common
law
arrest
distinction
actual
case
hypothetical
case
distinction
common
law
torts
assault
battery
touching
converts
former
latter
although
distinction
assault
battery
important
pleading
purposes
see
chitty
pleading
distinction
take
constitutional
dimensions
mistakenly
allows
common
law
distinction
define
interpretation
fourth
amendment
time
fails
recognize
existence
another
telling
distinction
distinction
arrest
attempted
arrest
teaches
us
distinction
battery
assault
critical
correct
understanding
common
law
arrest
see
ante
arrest
requires
either
physical
force
absent
submission
assertion
authority
however
facts
case
describe
actual
arrest
rather
unlawful
attempt
take
presumptively
innocent
person
custody
attempt
unlawful
common
law
thus
wants
define
scope
fourth
amendment
based
common
law
look
common
law
arrest
common
law
attempted
arrest
according
facts
case
first
question
whether
common
law
define
scope
outer
boundaries
constitutional
protection
unreasonable
seizures
even
contrary
settled
precedent
traditional
common
law
analysis
controlling
still
necessary
decide
whether
unlawful
attempt
make
arrest
considered
seizure
within
meaning
fourth
amendment
whether
exclusionary
rule
apply
unlawful
attempts
today
takes
narrow
view
seizure
odds
broader
view
adopted
almost
years
ago
katz
considered
whether
electronic
surveillance
conducted
without
trespass
without
seizure
material
object
fell
outside
ambit
constitution
justice
black
powerful
dissent
rejected
narrow
view
fourth
amendment
held
electronic
eavesdropping
search
seizure
within
meaning
amendment
thus
endorsed
position
expounded
two
dissenting
justices
olmstead
time
giving
effect
principle
underlying
fourth
amendment
refused
place
unduly
literal
construction
upon
brandeis
dissenting
direct
operation
literal
meaning
words
used
measure
purpose
scope
provisions
principles
established
applied
fourth
amendment
safeguards
evils
like
equivalent
embraced
within
ordinary
meaning
words
butler
dissenting
thus
although
closely
divided
supposed
olmstead
surveillance
without
trespass
without
seizure
material
object
fell
outside
ambit
constitution
since
departed
narrow
view
decision
rested
indeed
expressly
held
fourth
amendment
governs
seizure
tangible
items
extends
well
recording
oral
statements
overheard
without
technical
trespass
local
property
law
silverman
much
acknowledged
recognized
fourth
amendment
protects
people
simply
areas
unreasonable
searches
seizures
becomes
clear
reach
amendment
turn
upon
presence
absence
physical
intrusion
given
enclosure
conclude
underpinnings
olmstead
goldman
eroded
subsequent
decisions
trespass
doctrine
enunciated
longer
regarded
controlling
government
activities
electronically
listening
recording
petitioner
words
violated
privacy
upon
justifiably
relied
using
telephone
booth
thus
constituted
search
seizure
within
meaning
fourth
amendment
fact
electronic
device
employed
achieve
end
happen
penetrate
wall
booth
constitutional
significance
question
remaining
decision
whether
search
seizure
conducted
case
complied
constitutional
standards
justice
black
reasoning
rejected
remarkably
similar
reasoning
adopted
today
criticizing
judges
justice
black
wrote
deny
common
sense
requires
often
said
bill
rights
safeguards
given
liberal
construction
principle
however
justify
construing
search
seizure
amendment
applying
eavesdropping
seizure
conversations
since
see
way
words
fourth
amendment
construed
apply
eavesdropping
closes
matter
interpreting
bill
rights
willingly
go
far
liberal
construction
language
takes
simply
good
conscience
give
meaning
words
never
thought
certainly
common
ordinary
usage
distort
words
amendment
order
keep
constitution
date
bring
harmony
times
never
meant
power
effect
make
us
continuously
functioning
constitutional
convention
first
task
establish
point
encounter
fourth
amendment
becomes
relevant
must
decide
whether
officer
mcfadden
seized
terry
whether
conducted
search
suggestion
use
terms
stop
frisk
police
conduct
outside
purview
fourth
amendment
neither
action
rises
level
search
seizure
within
meaning
constitution
emphatically
reject
notion
quite
plain
fourth
amendment
governs
seizures
person
eventuate
trip
station
house
prosecution
crime
arrests
traditional
terminology
must
recognized
whenever
police
officer
accosts
individual
restrains
freedom
walk
away
seized
person
omitted
distinctions
classical
theory
thus
serve
divert
attention
central
inquiry
fourth
amendment
reasonableness
circumstances
particular
governmental
invasion
citizen
personal
security
search
seizure
talismans
therefore
reject
notions
fourth
amendment
come
play
limitation
upon
police
conduct
officers
stop
short
something
called
technical
arrest
search
ii
fares
better
tries
explain
proper
definition
term
seizure
open
question
today
terry
addition
stating
seizure
occurs
whenever
police
officer
accosts
individual
restrains
freedom
walk
away
noted
seizure
occurs
officer
means
physical
force
show
authority
way
restrained
liberty
citizen
touchstone
seizure
restraint
individual
personal
liberty
way
ibid
emphasis
added
today
reaction
respondent
reliance
terry
demonstrate
show
force
cases
common
law
arrest
occurs
unless
arrestee
submits
see
ante
answer
however
plainly
insufficient
given
holding
terry
fourth
amendment
applies
stops
need
justified
probable
cause
absence
arrest
mendenhall
adhere
view
person
seized
means
physical
force
show
authority
freedom
movement
restrained
looked
whether
citizen
questioned
remains
free
disregard
questions
walk
away
able
intrusion
upon
person
liberty
privacy
require
particularized
objective
justification
constitution
test
seizure
formulated
mendenhall
whether
view
circumstances
surrounding
incident
reasonable
person
believed
free
leave
ibid
examples
seizures
include
threatening
presence
several
officers
display
weapon
officer
physical
touching
person
citizen
use
language
tone
voice
indicating
compliance
officer
request
might
compelled
ibid
unwillingness
today
adhere
reasonable
person
standard
formulated
justice
stewart
mendenhall
marks
unnecessary
departure
fourth
amendment
case
law
today
draws
novel
conclusion
even
though
seizure
occur
unless
mendenhall
reasonable
person
standard
met
see
ante
fact
standard
met
necessarily
mean
seizure
occurred
see
ibid
mendenhall
necessary
sufficient
condition
seizure
effected
show
authority
true
seizure
requires
whether
reasonable
person
felt
free
leave
following
passage
opinion
ins
delgado
best
seriously
misleading
noted
elsewhere
obviously
personal
intercourse
policemen
citizens
involves
seizures
persons
officer
means
physical
force
show
authority
restrained
liberty
citizen
may
conclude
seizure
occurred
terry
ohio
supra
applying
test
relatively
straightforward
situation
resembling
traditional
arrest
see
dunaway
new
york
protection
unreasonable
seizures
also
extends
seizures
involve
brief
detention
short
traditional
arrest
evolved
cases
determination
initially
consensual
encounter
police
officer
citizen
transformed
seizure
detention
within
meaning
fourth
amendment
view
circumstances
surrounding
incident
reasonable
person
believed
free
leave
mendenhall
supra
omitted
see
florida
royer
plurality
opinion
even
though
momentary
seizure
occurs
whenever
objective
evaluation
police
officer
show
force
conveys
message
citizen
entirely
free
leave
words
liberty
restrained
significant
way
understood
mendenhall
definition
necessary
sufficient
describe
fourth
amendment
seizure
evident
passage
opinion
jacobsen
seizure
property
occurs
meaningful
interference
individual
possessory
interests
see
place
brennan
concurring
result
texas
brown
stevens
concurring
judgment
see
also
chadwick
hale
henkel
concept
seizure
property
much
discussed
cases
definition
follows
definition
seizure
person
within
meaning
fourth
amendment
meaningful
interference
however
brief
individual
freedom
movement
see
michigan
summers
reid
georgia
per
curiam
mendenhall
opinion
stewart
brown
texas
cupp
murphy
davis
mississippi
terry
ohio
finally
noteworthy
michigan
chesternut
state
asked
us
repudiate
reasonable
person
standard
developed
terry
mendenhall
delgado
royer
decided
however
adhere
traditional
contextual
approach
opinion
described
justice
stewart
analysis
mendenhall
test
applied
determining
whether
person
seized
within
meaning
fourth
amendment
noted
since
embraced
test
ibid
moreover
commenting
virtues
test
explained
focused
police
officer
conduct
test
objective
standard
looking
reasonable
man
interpretation
conduct
question
allows
police
determine
advance
whether
conduct
contemplated
implicate
fourth
amendment
free
leave
concept
words
nothing
particular
suspect
choice
flee
rather
submit
assessment
probability
successful
flight
otherwise
police
encouraged
utilize
threatening
sufficiently
slow
chase
technique
whenever
lack
even
reasonable
suspicion
needed
terry
stop
lafave
search
seizure
ed
supp
danger
logic
proceeds
upon
distinctions
stop
arrest
seizure
person
frisk
search
twofold
seeks
isolate
constitutional
scrutiny
initial
stages
contact
policeman
citizen
suggesting
rigid
model
justification
regulation
amendment
obscures
utility
limitations
upon
scope
well
initiation
police
action
means
constitutional
regulation
terry
ohio
iii
case
officer
show
force
taking
form
chase
adequately
conveyed
message
respondent
free
leave
whereas
mendenhall
nothing
record
sugges
respondent
objective
reason
believe
free
end
conversation
concourse
proceed
way
respondent
attempted
end
conversation
began
soon
found
literally
free
leave
confronted
officer
running
toward
eventually
tackled
ground
interval
time
moment
respondent
saw
officer
fast
approaching
moment
tackled
thus
brought
control
officer
question
whether
fourth
amendment
implicated
earlier
later
moment
facts
case
somewhat
unusual
appropriate
note
issue
arise
show
force
took
form
command
freeze
warning
shot
sound
sirens
accompanied
patrol
car
flashing
lights
situations
may
significant
time
interval
initiation
officer
show
force
complete
submission
citizen
least
facts
case
concludes
timing
seizure
governed
citizen
reaction
rather
officer
conduct
see
ante
one
consequence
conclusion
point
interaction
citizen
police
officer
becomes
seizure
occurs
reasonable
citizen
believes
longer
free
go
rather
officer
exercises
control
citizen
view
interests
effective
law
enforcement
personal
liberty
better
served
adhering
standard
allows
police
determine
advance
whether
conduct
contemplated
implicate
fourth
amendment
chesternut
range
possible
responses
police
show
force
multitude
problems
may
arise
determining
whether
moment
submission
create
uncertainty
generate
litigation
cases
course
immediately
apparent
moment
suspect
submitted
officer
show
force
example
victim
killed
officer
gunshot
tennessee
garner
police
officer
may
seize
unarmed
nondangerous
suspect
shooting
dead
hidden
roadblock
brower
inyo
county
submission
unquestionably
complete
example
william
james
caldwell
brower
wounded
apprehended
correct
say
seizure
occurred
therefore
fourth
amendment
implicated
even
pursuing
officer
justification
whatsoever
initiating
chase
opinion
brower
suggests
officer
responsibility
depend
character
victim
evasive
action
wrote
brower
independent
decision
continue
chase
eliminate
respondents
responsibility
termination
movement
effected
roadblock
garner
independent
decision
flee
eliminated
memphis
police
officer
responsibility
termination
movement
effected
bullet
officer
effects
arrest
touching
citizen
apparently
accept
fact
seizure
occurred
even
arrestee
thereafter
break
loose
flee
case
constitutionality
seizure
evaluated
time
officer
acted
category
seizures
analyzed
way
searches
namely
police
action
justified
took
place
anomalous
best
fashion
different
rule
subcategory
show
force
arrests
cases
within
new
subcategory
period
time
citizen
liberty
restrained
yet
completely
submitted
show
force
motorist
pulled
highway
patrol
car
come
immediate
stop
even
motorist
intends
obey
patrol
car
signal
officer
decides
make
kind
random
stop
forbidden
delaware
prouse
flashing
lights
vehicle
comes
complete
stop
sees
license
plate
expired
justify
action
ground
seizure
became
lawful
initiated
completed
airport
setting
may
drug
enforcement
agent
approach
group
passengers
gun
drawn
announce
baggage
search
rely
passengers
reactions
justify
investigative
stops
holding
today
majority
fails
recognize
coercive
intimidating
nature
behavior
creates
rule
may
allow
behavior
go
unchecked
deterrent
purposes
exclusionary
rule
focus
conduct
law
enforcement
officers
discouraging
improper
behavior
part
reaction
citizen
show
force
present
case
officer
pertoso
succeeded
tackling
respondent
dropped
rock
cocaine
rock
unquestionably
excluded
fruit
officer
unlawful
seizure
instead
analysis
exclusionary
rule
application
attempt
make
unconstitutional
seizure
beyond
coverage
fourth
amendment
matter
outrageous
unreasonable
officer
conduct
may
early
know
consequences
holding
carried
logical
conclusion
encourage
unlawful
displays
force
frighten
countless
innocent
citizens
surrendering
whatever
privacy
rights
may
still
soon
however
note
irony
fact
justification
result
analysis
rules
common
law
arrest
antedated
decisions
katz
terry
yet
even
days
common
law
provided
citizen
protection
attempt
make
unlawful
arrest
see
nn
supra
central
message
katz
terry
protection
fourth
amendment
provides
average
citizen
rigidly
confined
ancient
common
law
precept
message
today
majority
conveys
common
law
rather
understanding
fourth
amendment
developed
last
quarter
century
defines
limits
scope
seizure
today
defines
seizure
commencing
egregious
police
conduct
rather
submission
citizen
thus
delays
point
fourth
amendment
becomes
relevant
encounter
limits
range
encounters
come
heading
seizure
today
qualification
fourth
amendment
means
innocent
citizens
may
remain
secure
persons
unreasonable
searches
seizures
discretion
police
sacrifice
freedom
always
accompanies
expansion
executive
unreviewable
law
enforcement
powers
sensitive
purposes
fourth
amendment
insist
greater
rewards
society
decreeing
sacrifice
makes
today
alexander
bickel
presciently
wrote
many
actions
government
two
aspects
immediate
necessarily
intended
practical
effects
perhaps
unintended
unappreciated
bearing
values
hold
general
permanent
interest
immediate
concern
containing
criminal
activity
poses
substantial
though
unintended
threat
values
fundamental
enduring
respectfully
dissent
fourth
amendment
constitution
protects
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
katz
terry
ohio
gratuitous
quotation
proverbs
see
ante
mistakenly
assumes
innocent
residents
reason
fear
sudden
approach
strangers
previously
considered
rejected
analysis
real
world
fails
describe
experience
many
residents
particularly
members
minority
see
generally
johnson
race
decision
detain
suspect
yale
long
matter
common
knowledge
men
entirely
innocent
sometimes
fly
scene
crime
fear
apprehended
guilty
parties
unwillingness
appear
witnesses
true
accepted
axiom
criminal
law
wicked
flee
man
pursueth
righteous
bold
lion
alberty
officer
pronounces
words
arrest
without
actual
touching
immediately
runs
away
escape
technical
sense
arrest
otherwise
officer
touched
arrestee
purpose
apprehending
touching
manifested
purpose
arrest
one
lawful
authority
completes
apprehension
although
succeed
stopping
holding
even
instant
perkins
law
arrest
iowa
footnotes
omitted
one
undertakes
make
arrest
without
lawful
authority
attempts
unlawful
manner
guilty
assault
ordered
submit
asserted
authority
guilty
battery
lays
hands
unlawful
purpose
footnotes
omitted
ven
without
touching
officer
may
subject
liability
undertakes
make
arrest
without
privileged
law
example
officer
might
guilty
assault
attempted
arrest
without
privilege
even
succeed
touching
furthermore
submitted
arrest
without
physical
contact
officer
liable
false
imprisonment
gold
bissell
wend
recently
held
fourth
amendment
protects
people
places
katz
wherever
individual
may
harbor
reasonable
expectation
privacy
justice
harlan
concurring
entitled
free
unreasonable
governmental
intrusion
course
specific
content
incidents
right
must
shaped
context
asserted
constitution
forbids
searches
seizures
unreasonable
searches
seizures
elkins
terry
ohio
hester
case
majority
largely
relies
decided
years
terry
case
defendant
even
argue
seizure
person
holding
hester
abandoned
moonshine
whiskey
seized
simply
address
question
whether
fruit
constitutional
violation
seizure
person
whiskey
abandoned
applied
principle
brown
texas
recognized
circumstances
officer
may
detain
suspect
briefly
questioning
although
probable
cause
believe
suspect
involved
criminal
activity
required
traditional
arrest
however
required
officers
reasonable
suspicion
based
objective
facts
individual
involved
criminal
activity
citations
omitted
noteworthy
relied
heavily
cases
commentary
antedated
katz
terry
essential
teaching
decision
terry
individual
right
personal
security
freedom
must
respected
even
encounters
police
fall
short
full
arrest
consistently
reaffirmed
ins
delgado
brennan
concurring
part
dissenting
part
petitioner
argues
fourth
amendment
never
implicated
individual
stops
response
police
show
authority
thus
petitioner
us
rule
lack
objective
particularized
suspicion
poison
police
conduct
matter
coercive
long
police
succeed
actually
apprehending
individual
michigan
chesternut
california
appeal
noted
case
involves
pursuit
officer
pertoso
pursue
respondent
ran
fashion
cut
confront
head
rationale
chesternut
action
reasonably
perceived
intrusion
upon
one
freedom
movement
maneuver
intended
block
otherwise
control
direction
speed
one
movement
app
pet
cert
determine
constitutionality
seizure
must
balance
nature
quality
intrusion
individual
fourth
amendment
interests
importance
governmental
interests
alleged
justify
intrusion
tennessee
garner
citation
omitted
even
common
law
officer
shoots
arrestee
privileged
guilty
aggravated
assault
death
results
arrest
attempted
arrest
authorized
arrester
guilty
manslaughter
extreme
cases
murder
perkins
iowa
tennessee
garner
even
dissent
agreed
majority
police
officer
shot
fleeing
suspect
seized
suspect
shooting
dissenting
purpose
fourth
amendment
prevent
arbitrary
oppressive
interference
enforcement
officials
privacy
personal
security
individuals
ins
delgado
quoting
see
mendenhall
terry
ohio
ever
since
inception
rule
excluding
evidence
seized
violation
fourth
amendment
recognized
principal
mode
discouraging
lawless
police
conduct
lafave
search
seizure
pp
ed
incriminating
admissions
attempts
dispose
incriminating
evidence
common
predictable
consequences
illegal
arrests
searches
thus
admit
evidence
encourage
fourth
amendment
violations
future
cases
justice
brandeis
wrote
eloquently
overarching
purpose
fourth
amendment
makers
constitution
sought
protect
americans
beliefs
thoughts
emotions
sensations
conferred
government
right
let
alone
comprehensive
rights
right
valued
civilized
men
protect
right
every
unjustifiable
intrusion
government
upon
privacy
individual
whatever
means
employed
must
deemed
violation
fourth
amendment
olmstead
brandeis
dissenting
today
opinion
lost
sight
purposes
terry
ohio
justice
jackson
presaged
development
wrote
illegal
search
seizure
usually
single
incident
perpetrated
surprise
conducted
haste
kept
purposely
beyond
supervision
limited
judgment
moderation
officers
whose
interests
records
often
stake
search
citizen
choice
quietly
submit
whatever
officers
undertake
resist
risk
arrest
immediate
violence
brinegar
jackson
dissenting
right
secure
searches
seizures
one
difficult
protect
since
officers
chief
invaders
enforcement
outside
may
convinced
many
unlawful
searches
homes
automobiles
innocent
people
turn
nothing
incriminating
arrest
made
courts
nothing
never
hear
jackson
dissenting
least
dangerous
branch