Page 11 - Original 2020 Legal Guide By Jack Ryan

Task: Show of Authority Seizure of The Person

California v. Hodari D.., 499 U.S. 621 (1991).

A seizure based upon a show of authority does not occur until the

person who has been subjected to the show of authority complies

with that show of authority by submitting to the officer’s commands.

Until submission takes place or there is a physical seizure an

officer’s actions need not be justified by some level of proof and

items discarded by the suspect prior to seizure under these rules are

not protected by the 4 Amendment since they are abandoned prior
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to seizure.

©2020 Jack Ryan Legal & Liability Risk Management Institute 10