[Download] "State v. Harbison" by Supreme Court of the State of Oklahoma * Book PDF Kindle ePub Free
eBook details
- Title: State v. Harbison
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 10, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
2 In this opinion, we decide two questions bearing on the requirements under the Fourth Amendment of the United States Constitution for a valid seizure: (1) when is a person who does not submit to a show of authority considered seized; and (2) when may a persons flight upon the arrival of police be taken into account in determining whether the officers had reasonable suspicion to conduct an investigatory stop pursuant to Terry v. Ohio, 392 U.S. 1 (1968). Applying the analysis set forth by the United States Supreme Court in California v. Hodari D., 499 U.S. 621 (1991), and Illinois v. Wardlow, 528 U.S. 119 (2000), we conclude that under the Fourth Amendment there is no seizure and, thus, no requirement for reasonable suspicion until the individual actually submits to a show of authority. We also conclude that an individuals flight may properly be considered in determining the existence of reasonable suspicion unless that flight can be considered unlawfully provoked. We therefore affirm the Court of Appeals and reverse the district courts order suppressing the evidence against Defendant Clarence Harbison for lack of reasonable suspicion.