Commonwealth v. Carroll

In the present case, we are requested to determine a single issue of law: whether this Court will follow the United State’s Supreme Court’s decision in California v. Hodari D., 499 U.S. -, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991), in deciding whether a person who abandons contraband while being chased by police was “seized” and thus entitled to invoke the protection of Article 1, Section 8, of the Pennsylvania Constitution to suppress the contraband. Because I understand the holding in Hodari D. to be contrary to settled Pennsylvania precedent regarding seizures of persons and the doctrine of…