Mendenhall and Hodari D. can co-exist. The officer tried to stop defendant and he fled. While Hodari D. is potentially subject to abuse, this is not such a case. State v. Young, 2006 WI 98, 717 N.W.2d 729 (July 12, 2006):

[*P46] Adding to these arguments about individual liberty, Justice Stevens maintains that the majority’s decision abandons a standard that permits police officers to “determine in advance whether the conduct contemplated will implicate the Fourth Amendment.” [Hodari D., 499 U.S.] at 643-44 [633-37 (Stevens, J., dissenting)]. Because of these shortcomings, Justice Stevens would reject the Hodari D. test, and instead require a court to evaluate the constitutionality of police conduct based on the conditions at the time the officer took action, when liberty is first restrained and privacy first infringed. Id. at 645.
[*P47] Although we recognize the strength of these critiques, we remain unconvinced that Hodari D. should be discarded. We acknowledge the potential that police officers may rely upon Hodari D. to manufacture reasonable suspicion by attempting to seize individuals in expectation that they will flee. This is not such a case. There is no indication in the record that Officer Alfredson was attempting to induce flight or other suspicious conduct. On the facts here, the concerns prompting the criticism of Hodari D. appear unwarranted.
[*P48] We disagree that adhering to Hodari D. will leave police officers unable to determine in advance whether contemplated conduct will implicate the Fourth Amendment. Contra Hodari D., 499 U.S. 643-44 (Stevens, J., dissenting). As Hodari D. and other decisions suggest, most people will acquiesce with a police show of authority, in which case the Fourth Amendment applies and the exclusionary rule will exclude any evidence obtained in the absence of reasonable suspicion. See id. at 627; Drayton, 536 U.S. at 205. Consequently, before initiating an investigatory stop, police officers must presume that the target of the stop will comply and the protections of the Fourth Amendment’s exclusionary rule will have full effect.
[*P49] The exclusionary rule is the primary means by which Fourth Amendment rights are protected. Its primary purpose is to deter future unlawful police conduct. See Mapp v. Ohio, 367 U.S. 643, 656, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (1961); Knapp II, 2005 WI 127, 285 Wis. 2d 86, P22, 700 N.W.2d 899. The exclusionary rule is not absolute. Id., P23. The benefits of any increased deterrence must be weighed against the substantial social costs exacted. Id., P22. The exclusionary rule “applies only in contexts ‘where its remedial objectives are thought most efficaciously served.'” Id., P23 (quoting Pa. Bd. of Prob. & Parole v. Scott, 524 U.S. 357, 363, 118 S. Ct. 2014, 141 L. Ed. 2d 344 (1998)). Because a police officer cannot know in advance that a suspect will flee or not comply with a show of authority, and because a police officer must presume that people will comply with orders and thus the officer must adhere to the Fourth Amendment to prevent the exclusion of evidence, we fail to see how rejecting Hodari D. will further deter Fourth Amendment violations. The benefits of extending the exclusionary rule to situations before seizure, when a person does not comply with a police order, appear to be negligible.
[*P50] Under Hodari D. the protection afforded by the exclusionary rule remains unless the person confronted by a show of authority chooses to abandon its protective embrace by opting for self-help flight. Under Hodari D. courts have created an incentive for people to obey police orders without creating an incentive for police to violate the Fourth Amendment. Under Hodari D. courts remain the final arbiter of whether police conduct violates the Fourth Amendment, not the citizen on the street.

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