michigan chesternut argued february decided june observing approach police car routine patrol respondent began run police followed see going catching driving alongside short distance observed discarding number packets surmising pills subsequently discovered packets contained codeine police arrested search person revealed drugs hypodermic needle charged possession controlled substances violation michigan law preliminary hearing magistrate dismissed charges ground respondent unlawfully seized police pursuit preceding disposal packets trial upheld dismissal michigan appeals affirmed applying state precedents interpreting fourth amendment federal constitution latter ruled investigatory pursuit amounts seizure terry ohio since defendant freedom restricted soon officers begin pursuit also concluded respondent flight police insufficient give rise particularized suspicion necessary justify kind seizure held officers pursuit respondent constitute seizure implicating fourth amendment protections thus charges improperly dismissed pp rule applicable investigatory pursuits fashioned rather appropriate test whether reasonable man viewing particular police conduct whole within setting surrounding circumstances concluded police way restrained liberty free leave pp test respondent seized discarded drug packets one officer characterization police conduct chase standing alone insufficient implicate fourth amendment since police conduct consisted brief acceleration catch respondent followed short drive alongside communicated reasonable person attempt capture otherwise intrude freedom movement record reflect police activated siren flashers commanded respondent halt displayed weapons operated car aggressively block course control direction speed thus police conduct intimidating respondent reasonably believed free disregard police presence go business police therefore required particularized objective basis suspecting criminal activity order pursue pp blackmun delivered opinion unanimous kennedy filed concurring opinion scalia joined post andrea solak argued cause petitioner briefs timothy baughman carole stanyar argued cause filed brief respondent briefs amici curiae urging reversal filed solicitor general fried assistant attorney general weld deputy solicitor general bryson paul larkin alabama et al michael catalano attorneys general respective follows siegelman alabama grace berg schaible alaska john steven clark arkansas john kelly connecticut charles oberly delaware robert butterworth florida warren price iii hawaii jim jones idaho neil hartigan illinois linley pearson indiana robert stephan kansas david armstrong kentucky william guste louisiana james tierney maine hubert humphrey iii minnesota edwin pittman mississippi william webster missouri mike greely montana cary edwards new jersey lacy thornburg north carolina nicholas spaeth north dakota robert henry oklahoma travis medlock south carolina roger tellinghuisen south dakota michael cody tennessee david wilkinson utah jeffrey amestoy vermont mary sue terry virginia kenneth eikenberry washington charles brown west virginia hanaway wisconsin joseph meyer wyoming nancy hollander david freeman filed brief national association criminal defense lawyers amicus curiae urging affirmance fred inbau wayne schmidt james manak david crump courtney evans daniel hales filed brief americans effective law enforcement et al amici curiae justice blackmun delivered opinion case review determination michigan appeals investigatory pursuit person undertaken police necessarily constitutes seizure fourth amendment constitution conclude police conduct case amount seizure communicated reasonable person liberty ignore police presence go business early afternoon december four officers riding marked police cruiser engaged routine patrol duties metropolitan detroit cruiser came intersection one officers observed car pull curb man got car approached respondent michael mose chesternut standing alone corner respondent saw patrol car nearing corner stood turned began run officer peltier one car later testified patrol car followed respondent around corner see going app cruiser quickly caught respondent drove alongside short distance drove beside officers observed respondent discard number packets pulled pocket officer peltier got cruiser examine packets discovered contained pills peltier engaged inspection respondent run paces farther stopped surmising basis experience paramedic pills contained codeine officer peltier arrested respondent possession narcotics took station house ensuing search police discovered respondent hatband another packet pills packet containing heroin hypodermic needle respondent charged knowingly intentionally possessing heroin tablets containing codeine tablets containing diazepam violation comp laws preliminary hearing officer peltier witness respondent moved dismiss charges ground unlawfully seized police pursuit preceding disposal packets presiding magistrate granted motion dismissed complaint relying people terrell app magistrate ruled bench police chase like one involved case implicated fourth amendment protections justified mere fact suspect ran sight police app applying standard magistrate ruling trial upheld dismissal order michigan appeals reluctantly affirmed app noting although find result unfortunate say lower ruling clearly erroneous present law facts presented like courts appeals rested ruling state precedents interpreting fourth amendment determined first investigatory pursuit amounts seizure terry ohio soon officers began pursuit explained defendant freedom restricted mich went conclude respondent flight police insufficient give rise particularized suspicion necessary justify kind seizure police saw respondent absolutely nothing illegal observe suspicious activity determined investigatory pursuit violated fourth amendment prohibition unreasonable seizures michigan denied petitioner leave appeal app pet cert petitioner sought review granted writ certiorari consider whether officers pursuit respondent constituted seizure implicating fourth amendment protections whether act fleeing sufficient constitute reasonable suspicion justifying seizure conclude officers conduct constitute seizure need reach second question ii 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 respondent contends sharp contrast police chases fourth amendment seizures respondent us rule police may never pursue individual absent particularized objective basis suspecting engaged criminal activity petitioner respondent seems us attempts fashion rule applicable investigatory pursuits failed heed clear direction assessment whether police conduct amounts seizure implicating fourth amendment must take account circumstances surrounding incident individual case ins delgado quoting mendenhall opinion stewart rather adopting either rule proposed parties determining investigatory pursuit necessarily seizure fourth amendment adhere traditional contextual approach determine particular case police conduct question amount seizure terry ohio noted obviously personal intercourse policemen citizens involves seizures persons officer means physical force show authority way restrained liberty citizen may conclude seizure occurred test necessarily imprecise designed assess coercive effect police conduct taken whole rather focus particular details conduct isolation moreover constitutes restraint liberty prompting person conclude free leave vary particular police conduct issue also setting conduct occurs compare mendenhall supra considering whether police request see identification ticket individual stopped upon police approach constituted seizure ins delgado supra considering whether ins factory survey conducted employees continued move constituted seizure entire work force test flexible enough applied whole range police conduct equally broad range settings calls consistent application one police encounter next regardless particular individual response actions police test objective standard looking reasonable man interpretation conduct question allows police determine advance whether conduct contemplated implicate fourth amendment lafave search seizure pp ed supp reasonable person standard also ensures scope fourth amendment protection vary state mind particular individual approached applying test facts case conclude respondent seized police discarded packets containing controlled substance although officer peltier referred police conduct chase magistrate originally dismissed complaint impressed description characterization enough standing alone implicate fourth amendment protections contrary respondent assertion chase necessarily communicates detention intended imminent brief respondent police conduct involved communicated reasonable person attempt capture otherwise intrude upon respondent freedom movement record reflect police activated siren flashers commanded respondent halt displayed weapons operated car aggressive manner block respondent course otherwise control direction speed movement tr oral arg presence police car driving parallel running pedestrian somewhat intimidating kind police presence standing alone constitute seizure cf knotts holding continuous surveillance public thoroughfares visual observation electronic beeper constitute seizure florida royer plurality opinion noting mere approach law enforcement officers identified constitute seizure without police conduct brief acceleration catch respondent followed short drive alongside intimidating respondent reasonably believed free disregard police presence go business ins delgado police therefore required particularized objective basis suspecting respondent criminal activity order pursue cortez iii respondent unlawfully seized initial police pursuit conclude charges improperly dismissed accordingly reverse judgment michigan appeals remand case proceedings inconsistent opinion ordered footnotes terrell police officer got unmarked car gave chase foot allegedly observing defendant stick hand pocket run sight officer mich according officer defendant ran apartment building officer observed drop clear envelope containing brown powdery substance determined package might contain heroin officer arrested defendant pretrial hearing trial granted defendant motion suppress envelope contents michigan appeals affirmed finding police investigatory pursuit constituted seizure unjustified particularized suspicion defendant engaged criminal activity michigan appeals rested holding people terrell supra people shabaz cert dism view respondent death effect defendant question seized violation fourth amendment constitution shabaz michigan quoted michigan analogous constitutional provision without elaboration following recitation fourth amendment said nothing suggest michigan constitution seizure provision provided independent source relief entire analysis rested expressly fourth amendment federal cases similarly terrell michigan appeals stated suppression evidence dismissal charges defendant soundly based existing law state federal made clear scope right question defined fourth amendment general proscription unreasonable searches seizures mich citing terry ohio light bases decisions shabaz terrell readily conclude decision likewise rests michigan courts interpretation federal constitution adequate independent state ground see michigan long defense effect concedes see tr oral arg two justices michigan granted leave appeal see app pet cert three justices otherwise majority chose reach question whether federal officers seized respondent opinion concurring part concurring judgment preliminary hearing magistrate interrupted state attorney asserting police simply performing routine patrolling duties following fine officer said chasing car otherwise agree ears picked officer said know said went around asked chasing car chasing said running wanted see going app officer peltier explained goal chase capture respondent see going course subjective intent officers relevant assessment fourth amendment implications police conduct extent intent conveyed person confronted mendenhall opinion stewart see also lafave search seizure ed supp uncommunicated intent police irrelevant determination whether seizure occurred facts case identical facts involved terrell shabaz upon michigan courts relied finding seizure case terrell shabaz police officer got car chase pedestrian suspect foot defendant abandoned inculpatory evidence people terrell mich people shabaz shabaz state appears stipulated chase whose clear object apprehend defendant constituted seizure similar stipulation entered terrell goal chase appears equally clear course intimate view federal constitutional correctness either michigan cases submitted brief amicus curiae suggests circumstances police pursuit amount stop outset early point chase police command person halt indicate free go brief amicus curiae course circumstances us case therefore leave another day determination circumstances police pursuit amount seizure fourth amendment justice kennedy justice scalia joins concurring bold step conclude evidence admitted respondent unprovoked flight gave police ample cause stop instead concentrates significance chase fair interpret opinion finding absence improper conduct well add barring need inquire hot pursuit issue neither chase investigative pursuit need included lexicon fourth amendment fourth amendment seizure occurs individual remains control law enforcement officials reasonably believes basis conduct toward free go see ins delgado mendenhall opinion stewart case us presented opportunity consider whether even unmistakable show authority result seizure person attempts elude apprehension discloses contraband incriminating evidence ultimately detained least plausible say whether officers conduct communicates person reasonable belief intend apprehend conduct implicate fourth amendment protections achieves restraining effect opinion foreclose holding concur