BIGREDIOWAN Posted January 22, 2015 Share Posted January 22, 2015 There was an OWI case where an officer stopped someone on a traffic violation they thought was a violation, but ended up not being one. I'm 99% sure the officer lost that case because of it. I'll try and find that case if I can. Kinda goes against what the Supreme Court is saying. Of course probable cause on an OWI stop is always the first thing looked at. Then the "fruit of a poisonous tree" comes into play after that. Link to comment
BIGREDIOWAN Posted January 22, 2015 Share Posted January 22, 2015 Mistake of Law vs. Mistake of Fact: An officer making a traffic stop based upon a misapprehension of the law, (i.e., a "mistake of law"), even if reasonable, is an illegal stop. (United States v. Lopez-Soto, supra; United States v. Morales (9th Cir. 2001) 252 F.3rd 1070, 1073, fn. 3.) I err on the side of caution on most everything. I'll research and charge later if possible on things. That's not always possible, but in 13 years I've never lost a case and had one charge go to suppression that the defendant plead guilty too once I arrived to testify. Other good info here: http://www.legalupdateonline.com/4th/70#cont79 Link to comment
carlfense Posted January 22, 2015 Author Share Posted January 22, 2015 Good Faith Exception to Exclusionary Rule An exception to the exclusionary rule barring the use at trial of evidence obtained pursuant to an unlawful search and seizure. If officers had reasonable, good faith belief that they were acting according to legal authority, such as by relying on a search warrant that is later found to have been legally defective, the illegally seized evidence is admissible. http://www.law.cornell.edu/wex/good_faith_exception_to_exclusionary_rule 3 Link to comment
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