Case Brief 5 - was tackled. b. Objective Basis: Hoardi was...

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Christopher Jewell Jan. 26, 2008 CRJ-205 Case Brief 5 I. California v. Hodari D. 499 U.S. 621, 111 S.Ct. 1547, 113 L.ED.2D 690 (1991) II. History: Hodari appealed from an order of the superior court, Alameda County, denying his motion to suppress and finding that he was in possession of cocaine. The California CA reversed. The C SC denied the state’s application for review. Certiorari was granted. The SC reversed and remanded III. Facts of the case a. In April of 1988 officers Brain McColgin and Jerry Pertoso were on patrol in Oakland, CA. They were dressed with street cloths but jackets that said police, and we driving a nonmarked patrol car. They saw a group of youths huddled around a car, when they saw the officers they ran. One of the officers ran after Hodari down 62 nd Ave. When the officer had gotten to Hodari, he threw a rock, later found out to be crack cocaine when he
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Unformatted text preview: was tackled. b. Objective Basis: Hoardi was in the processes of buying narcotics, and in possession of them IV. Legal Question: At what time he dropped the drugs, had Hodari been seized by officers a. Police Officers b. The officers had pursued Hodari for a possible narcotics sale and tackled him as he was throwing the crack cocaine c. 4 th Amendment V. Opinion a. Majority Opinion: In sum assuming that Pertosos pursuit in the case constituted a show of authority enjoining Hodari to halt, since Hodari did not comply with that injunction he was not seized until he was tackled. The cocaine abandoned while he was running was in this case not the fruit of the seizure b. Dissenting: VI. Judgment: Reversed and remanded...
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This note was uploaded on 04/17/2008 for the course CRJ 205 taught by Professor Neilson during the Spring '08 term at Ivy Tech Community College.

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