10-2028 U.S. v. Griffin

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Search and Seizure
Seizure; submission

A seizure by show of authority does not occur unless and until the suspect submits.

“Hodari D. held that submission to a show of authority is a necessary element of a seizure; the Court explained that while a suspect is still fleeing (as Griffin was when he discarded the drugs), he is not seized. See 499 U.S. at 626 (‘The word “seizure” . . . does not remotely apply . . . to the prospect of a policeman yelling “Stop, in the name of the law!” at a fleeing form that continues to flee.’). If a suspect is not seized during the entire time he is being pursued by police, then the seizure does not occur until he submits to the show of authority or the pursuing officer resorts to force to stop the suspect’s flight. The Court made the forcible-seizure part of this reasoning explicit, explaining that when Hodari ignored an initial show of authority and the pursuing officer had to use force, the seizure did not occur ‘until he was tackled.’ Id. at 629. That is, a seizure by physical force following a show of authority occurs when force is applied; it does not relate back to the initial show of authority. Similarly, a seizure by submission following a show of authority occurs when the suspect submits and does not relate back to the initial show of authority.”

Affirmed.

10-2028 U.S. v. Griffin

Appeal from the United States District Court for the Southern District of Indiana, Young, J., Sykes, J.

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