Jump to content
I AM NOT THAT GUY

Supreme Court Upholds Auto Stop With No Traffic Violation

 Share

1 post in this topic

Recommended Posts

Filed: Timeline

Chief Justice John Roberts, writing for the majority, opined, "Darisse could have reasonably, even if mistakenly, read the vehicle code to require that both brake lights be in good working order." The court held that an officer's mistake of law will not invalidate a stop if the mistake was reasonable.

Roberts wrote, "Reasonable suspicion arises from the combination of an officer's understanding of the facts and his understanding of the relevant law. The officer may be reasonably mistakenly on either ground."

Although Roberts conceded, "Ignorance of the law is no excuse," both for citizens and police officers, he added, "ut just because mistakes of law cannot justify either the imposition or the avoidance of criminal liability, it does not follow that they cannot justify an investigatory stop." Heien, Roberts pointed out, "is not appealing a brake-light ticket; he is appealing a cocaine-trafficking conviction as to which there is no asserted mistake of fact or law."

Sotomayor Dissents

Only Justice Sonia Sotomayor dissented from the court's opinion. She would hold that in the course of determining whether a search or seizure is reasonable, a court should evaluate "an officer's understanding of the facts against the actual state of the law."

Citing the 1996 case of Ornelas v. United States, Sotomayor wrote, "[w]hat matters ... are the facts as viewed by an objectively reasonable officer, and the rule of law - not an officer's conception of the rule of law, and not even an officer's reasonable misunderstanding about the law, but the law."

http://www.huffingtonpost.com/marjorie-cohn/supreme-court-upholds-aut_b_6579916.html?ncid=txtlnkusaolp00000592

Another example of making allowances for a failing education system.

Link to comment
Share on other sites

 

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...