United States v. Smith, 2011 U.S. App. LEXIS 2122

Smith, a felon, was stopped by Officer Dominguez after a siren-activated approach; Smith initially did not yield or submit to authority and fled; no seizure occurred during the initial encounter; Smith later fled, was apprehended, and a Walther P99 handgun was recovered from his person; district court denied suppression; Smith pleaded guilty with appeal on suppression denial; court reviews suppression de novo and whether a seizure occurred; flight in high-crime area supported reasonable suspicion under Wardlow; appellate court affirms denial of suppression.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the initial encounter was a seizure under the Fourth Amendment	Smith argues no seizure occurred before flight due to lack of submission	United States contends seizure depended on submission to show of authority	No seizure occurred before flight; suppression not warranted on this basis
Whether Smith’s headlong flight gave rise to reasonable suspicion to seize	Flight alone in high-crime area indicates wrongdoing	Flight plus context supports reasonable suspicion	Flight created reasonable suspicion to seize after he fled
Whether the firearm was admissible despite initial non-seizure, given later seizure	If initial stop unlawful, evidence should be suppressed as fruit	Later seizure valid; taint purged by reasonable suspicion	firearm admissible; later seizure upheld; suppression denied

United States v. Mendenhall, 446 U.S. 544 (1980) (definition of seizure requires submission to authority)
Cal. v. Hodari D., 499 U.S. 621 (1991) (no seizure without submission unless physical coercion; flight ends seizure when tackled)
Illinois v. Wardlow, 528 U.S. 119 (2000) (headlong flight in high-crime neighborhood supports reasonable suspicion)
United States v. Brendlin, 551 U.S. 249 (2007) (no seizure without submission; presence in proximity to officers matters)
Florida v. Royer, 460 U.S. 491 (1983) (police approach alone not seizure; must be submission)