United States Third Circuit

District court order suppressing evidence against defendant is reversed where defendant was not seized within the meaning of the Fourth Amendment under California v. Hodari D., 499 U.S. 621, 627 (1991), as there was no application of physical force and no submission to the assertion of authority.

Appellate Information

• Argued 03/24/2009
• Decided 06/24/2009
• Published 06/24/2009

Judges

• Before RENDELL, AMBRO, and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Shawn A. Weede, Esq. [Argued], Office of United States Attorney, Wilmington, DE, for Plaintiff-Appellant.


• For Appellees:
  
• Edson A. Bostic, Esq., Brian Crockett, Esq. [Argued], Tieffa N. Harper, Esq., Office of Federal Public Defender, Wilmington, DE, for Defendant-Appellee.