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3 Md. J. Contemp. Legal Issues 153 (1992)
Not by Flight Alone: When Should Police Stop Fleeing Citizens

handle is hein.journals/mjcolei3 and id is 157 raw text is: NOT BY FUGHT ALONE:
by George E. Bums, Jr.'
Since the Supreme Court of the United States first applied
search and seizure jurisprudence to street encounters between police
and citizens where no arrest was contemplated, the Court has struggled
with the question of what basis the police must have before initiating
such encounters. The Court has, until now, used a blend of police
experience and articulated reasons for justifying the encounters to
balance law enforcement against citizen privacy. Lastyear, this balance
was called into question. In Califomia v. Hodari D.,2 two officers in an
unmarked car wearing street clothes but with jackets embossed with
the word police were patrolling a high-crime area in Oakland late in
the evening when they saw four or five youths huddled around a small
red car parked at the curb. When the youths saw the officers' car
approaching, they apparently panicked and took flight.3 The police
pursued and made a stop. The legality of this stop was not an issue to
be decided by the Supreme Court.4 Nevertheless, the majority opinion
contained the following footnote that suggests that flight alone might be
a sufficient basis for an investigatory stop:
California conceded below that Officer Pertoso did not have
the reasonable suspicion required to justify stopping
Hodari, see Terry v. Ohio, 392 U.S. 1 (1968). That it would
be unreasonable to stop, for brief inquiry, young men who
scatter in panic upon the mere sighting of the police is not
self-evident, and arguably contradicts proverbial common
sense. See, Proverbs 28:1 (-The wicked flee when no man
pursuethi}. We do not decide that point here, but rely
entirely upon the State's concession.s
'Of Counsel, Maryland Public Defender's Office.
2__U.S.  , 11 S. Ct. 1547(1991).
3d. at 1549.
*The only issue decided by the Hodari Court was that a suspect who flees after a
police command to stop has not been seized until under police control. The effect
of this holding is that the fleeing suspect who drops evidence has abandoned it and
because there has been no seizure of the suspect, the Fourth Amendment is

5111 S. Ct. at 1549 n.1.

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