The dissent in California v. Hodari D. said that “a police offi cer may now fi re his weapon at an innocent citizen and not implicate the Fourth Amendment—as long as he misses his target.” If a person...

The dissent in California v. Hodari D. said that “a police offi cer may now fi re his weapon at an innocent citizen and not implicate the Fourth Amendment—as long as he misses his target.” If a person throws away an item of criminal evidence after being illegally shot at by a police offi cer, is the item abandoned? What if the person throws the item away before being shot by the offi cer but after the offi cer has begun pursuing the suspect? Is the item abandoned in this situation?