MICHIGAN – Appellant
Versus
CHESTERNUT, (1988) – Respondent
Observing the approach of a police car on routine patrol, respondent began to run. The police followed him "to see where he was going," and, after catching up with him and driving alongside him for a short distance, observed him discarding a number of packets. Surmising that the pills subsequently discovered in the packets contained codeine, the police arrested him and, after a search of his person revealed other drugs and a hypodermic needle, charged him with possession of controlled substances in violation of Michigan law. At a preliminary hearing, a Magistrate dismissed the charges on the ground that respondent had been unlawfully seized during the police pursuit preceding his disposal of the packets. The trial court upheld the dismissal, and the Michigan Court of Appeals affirmed. Applying state precedents interpreting the Fourth Amendment to the Federal Constitution, the latter court ruled that any "investigatory pursuit" amounts to a seizure under Terry v. Ohio,
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