[1] Consequently, evidence that is discarded by a fleeing suspect prior to the point in time at which they are seized is not subject to the Fourth Amendment's exclusionary rule.

[2] In April 1988, police officers on patrol[fn 1] in Oakland, California encountered "four or five youths huddled around a small red car.

[9] Justice Scalia ruled that Hodari D. was not seized until he was tackled, and the rock of cocaine was therefore "abandoned" property that was not obtained as a result of an unlawful seizure.

[10] Justice John Paul Stevens wrote a dissenting opinion in which he criticized the majority's "narrow construction" of seizures under the Fourth Amendment.

"[12] He argued that the majority's interpretation of the word "seizure" was a radical departure from the Court's earlier Fourth Amendment jurisprudence and that the officers' demands to halt "adequately conveyed the message that respondent was not free to leave.