Michigan v. Chesternut

486 U.S. 567, 108 S. Ct. 1975, 100 L. Ed. 2d 565, 1988 U.S. LEXIS 2582, 56 U.S.L.W. 4558
CourtSupreme Court of the United States
DecidedJune 13, 1988
Docket86-1824
StatusPublished
Cited by1,491 cases

This text of 486 U.S. 567 (Michigan v. Chesternut) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michigan v. Chesternut, 486 U.S. 567, 108 S. Ct. 1975, 100 L. Ed. 2d 565, 1988 U.S. LEXIS 2582, 56 U.S.L.W. 4558 (1988).

Opinions

[569]*569Justice Blackmun

delivered the opinion of the Court.

In this case we review a determination by the Michigan Court of Appeals that any “investigatory pursuit” of a person undertaken by the police necessarily constitutes a seizure under the Fourth Amendment of the Constitution. We conclude that the police conduct in this case did not amount to a seizure, for it would not have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.

I

Early on the afternoon of December 19, 1984, four officers riding in a marked police cruiser were engaged in routine patrol duties in Metropolitan Detroit. As the cruiser came to an intersection, one of the officers observed a car pull over to the curb. A man got out of the car and approached respondent Michael Mose Chesternut, who was standing alone on the corner. When respondent saw the patrol car nearing the comer where he stood, he turned and began to run. As Officer Peltier, one of those in the car, later testified, the patrol car followed respondent around the corner “to see where he was going.” App. 25. The cruiser quickly caught up with respondent and drove alongside him for a short distance. As they drove beside him, the officers observed respondent discard a number of packets he pulled from his right-hand pocket. Officer Peltier got out of the cruiser to examine the packets. He discovered that they contained pills. While Peltier was engaged in this inspection, respondent, who had run only a few paces farther, stopped. Surmising on the basis of his experience as a paramedic that the pills contained codeine, Officer Peltier arrested respondent for the possession of narcotics and took him to the station house. During an ensuing search, the police discovered in respondent’s hatband another packet of pills, a packet containing heroin, and a hypodermic needle. Respondent was charged with knowingly and intentionally possessing heroin, tablets [570]*570containing codeine, and tablets containing diazepam, all in violation of Mich. Comp. Laws §333.7403(2) (1980).

At a preliminary hearing, at. which Officer Peltier was the only witness, respondent moved to dismiss the charges on the ground that he had been unlawfully seized during the police pursuit preceding his disposal of the packets. The presiding Magistrate granted the motion and dismissed the complaint.1 Relying on People v. Terrell, 77 Mich. App. 676, 259 N. W. 2d 187 (1977),2 the Magistrate ruled from the bench that a police “chase” like the one involved in this case implicated Fourth Amendment protections and could not be justified by the mere fact that the suspect ran at the sight of the police. App. 31-35. Applying a clearly-erroneous standard to the Magistrate’s ruling, the trial court upheld the dismissal order. Id., at 2-10.

The Michigan Court of Appeals “reluctantly” affirmed, 157 Mich. App. 181, 184, 403 N. W. 2d 74, 76 (1986), noting that “although we find the result unfortunate, we cannot say that the lower court’s ruling was clearly erroneous under the present law or the facts presented.” Id., at 183, 403 N. W. [571]*5712d, at 75. Like the courts below it, the Court of Appeals rested its ruling on state precedents interpreting the Fourth Amendment.3 The court determined, first, that any “investigatory pursuit” amounts to a seizure under Terry v. Ohio, 392 U. S. 1 (1968). “As soon as the officers began their pursuit,” the court explained, “defendant’s freedom was restricted.” 157 Mich. App., at 183, 403 N. W. 2d, at 75. The court went on to conclude that respondent’s flight from the police was insufficient, by itself, to give rise to the particularized suspicion necessary to justify this kind of seizure. Because “the police saw [respondent] do absolutely nothing illegal nor did they observe other suspicious activity,” the court determined that the investigatory pursuit had violated the Fourth Amendment’s prohibition against unreasonable seizures. Id., at 184, 403 N. W. 2d, at 76.

[572]*572After the Michigan Supreme Court denied petitioner leave to appeal,4 App. to Pet. for Cert. 9a, petitioner sought review here. We granted a 'writ of certiorari, 484 U. S. 895 (1987), to consider whether the officers’ pursuit of respondent constituted a seizure implicating Fourth Amendment protections, and, if so, whether the act of fleeing, by itself, was sufficient to constitute reasonable suspicion justifying that seizure. Because we conclude that the officers’ conduct did not constitute a seizure, we need not reach the second question.

h — I i

A

Petitioner argues that the Fourth Amendment is never implicated until an individual stops in response to the police’s show of authority. Thus, petitioner would have us rule that a lack of objective and particularized suspicion would not poison police conduct, no matter how coercive, as long as the police did not succeed in actually apprehending the individual. Respondent contends, in sharp contrast, that any and all police “chases” are Fourth Amendment seizures. Respondent would have us rule that the police may never pursue an individual absent a particularized and objective basis for suspecting that he is engaged in criminal activity.

Both petitioner and respondent, it seems to us, in their attempts to fashion a bright-line rule applicable to all investigatory pursuits, have failed to heed this Court’s clear direction that any assessment as to whether police conduct amounts to a seizure implicating the Fourth Amendment must take into account “ ‘all of the circumstances surrounding the incident’ ” in each individual case. INS v. Delgado, 466 U. S. 210, 215 (1984), quoting United States v. Mendenhall, 446 U. S. 544, 554 (1980) (opinion of Stewart, J.). Rather than adopting either rule proposed by the parties and determining that an investigatory pursuit is or is not necessarily a [573]*573seizure under the Fourth Amendment, we adhere to our traditional contextual approach, and determine only that, in this particular case, the police conduct in question did not amount to a seizure.

B

In Terry v. Ohio, the Court noted:

“Obviously, not all personal intercourse between policemen and citizens involves ‘seizures’ of persons. Only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen may we conclude that a ‘seizure’ has occurred.” 392 U. S., at 19, n. 16.

A decade later in United States v. Mendenhall, Justice Stewart, writing for himself and then Justice Rehnquist, first transposed this analysis into a test to be applied in determining whether “a person has been ‘seized’ within the meaning of the Fourth Amendment.” 446 U. S., at 554.5 The test provides that the police can be said to have seized an individual “only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” Ibid.

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Bluebook (online)
486 U.S. 567, 108 S. Ct. 1975, 100 L. Ed. 2d 565, 1988 U.S. LEXIS 2582, 56 U.S.L.W. 4558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michigan-v-chesternut-scotus-1988.