U.S. Supreme Court,
Constitutional Law
Dec. 24, 2014
Officer mistake opinion raises questions
When the U.S. Supreme Court held that a traffic stop based on a reasonable mistake of law by a police officer does not violate the Fourth Amendment, it changed the law in most jurisdictions.
On Dec. 15, the U.S. Supreme Court held in Heien v. North Carolina, 13-604, that a traffic stop based on a reasonable mistake of law by a police officer does not violate the Fourth Amendment. This opinion changed the law in most jurisdictions, including in California federal and state courts.
Heien raises at least two intriguing questions for lower courts. One was the focus of the concurring opinion: What standard should a trial court apply to determine whether an...For only $95 a month (the price of 2 article purchases)
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