This note examines the United Supreme Court decision which reexamined the point at which a police-citizen encounter becomes a seizure under the Fourth Amendment. The Court concluded that a police-citizen encounter becomes a seizure only when the citizen yields to the show of police authority. The author contends that the Court's definition of a seizure alters, if not disposes of, the former definition, which defined seizure as the point at which a reasonable person, faced with a show of authority, no longer feels free to leave.
College of Law
Northern Illinois University Law Review
Costello, Patrick T.
"California v. Hodari D.: The Demise of the Reasonable Person Test in Fourth Amendment Analysis,"
Northern Illinois University Law Review: Vol. 12:
2, Article 1.
Patrick T. Costello, Note, California v. Hodari D.: The Demise of the Reasonable Person Test in Fourth Amendment Analysis, 12 N. Ill. U. L. Rev. 463 (1992).