CALIFORNIA v. HODARI D.

No. 89-1632.

499 U.S. 621 (1991)

CALIFORNIA v. HODARI D.

Supreme Court of the United States.

Decided April 23, 1991.


Attorney(s) appearing for the Case

Ronald E. Niver, Deputy Attorney General of California, argued the cause for petitioner. With him on the briefs were John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Senior Assistant Attorney General, and Clifford K. Thompson, Jr., and Morris Beatus, Deputy Attorneys General.

Clifford M. Sloan argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and Paul J. Larkin, Jr.

James L. Lozenski, by appointment of the Court, 498 U.S. 935, argued the cause for respondent. With him on the brief was J. Bradley O'Connell.*


JUSTICE SCALIA delivered the opinion of the Court.

Late one evening in April 1988, Officers Brian McColgin and Jerry Pertoso were on patrol in a high-crime area of Oakland, California. They were dressed in street clothes but wearing jackets with "Police" embossed on both front and back. Their unmarked car proceeded west on Foothill Boulevard, and turned south onto 63rd Avenue. As they rounded the corner, they saw four or five youths huddled around a small red car...

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