Supreme Court Sides With Police In 4th Amendment Case Arising from Officer’s ‘Mistake of Law’

Lucille

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Supreme Court Sides With Police In 4th Amendment Case Arising from Officer’s ‘Mistake of Law’

SCOTUS siding with the police state? Inconceivable!

http://reason.com/blog/2014/12/15/supreme-court-sides-with-police-in-4th-a

In a decision issued this morning, the U.S. Supreme Court sided with the police in a case arising from an officer’s “mistake of law.” At issue in Heien v. North Carolina was a 2009 traffic stop for a single busted brake light that led to the discovery of illegal drugs inside the vehicle. According to state law at the time, however, motor vehicles were required only to have “a stop lamp,” meaning that the officer did not have a lawful reason for the initial traffic stop because it was not a crime to drive around with a single busted brake light. Did that stop therefore violate the 4th Amendment’s guarantee against unreasonable search and seizure? Writing today for the majority, Chief Justice John Roberts held that it did not. “Because the officer’s mistake about the brake-light law was reasonable,” Roberts declared, “the stop in this case was lawful under the Fourth Amendment.”

Roberts’ opinion was joined by Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, and Elena Kagan. Writing alone in dissent, Justice Sonia Sotomayor criticized her colleagues for giving the police far too much leeway. “One is left to wonder,” she wrote, “why an innocent citizen should be made to shoulder the burden of being seized whenever the law may be susceptible to an interpretative question.” In Sotomayor's view, “an officer’s mistake of law, no matter how reasonable, cannot support the individualized suspicion necessary to justify a seizure under the Fourth Amendment.”

Ignorance of the law is no excuse, unless you're a cop.
 
Is there anyone who's genuinely stupid enough to believe both sides of that sentence?

"Ignorance of the law is no excuse. But if you're a cop, you can be reasonably ignorant..."

Does anyone seriously think this system is just?

Did this case set a precedent? Because if it did, I don't see how they can rule against anyone else using ignorance as an excuse. Wait.....yes I can....n/m.
 
"Reasonable" ignorance of the law *is* an excuse ... but only if you're an Agent of the State ...

7yrJNOx.png


“Because the officer’s mistake about the brake-light law was reasonable,” Roberts declared, “the stop in this case was lawful under the Fourth Amendment.”

https://yourlogicalfallacyis.com/SCOTUS
 
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From top to bottom the pillars of "Just Us" need to be brought down, crumbled into fine dust and blown away by wind and time so that future generations could not even begin to fathom that once upon a time we allowed such nonsense to invade our world.
 
Is there anyone who's genuinely stupid enough to believe both sides of that sentence?

"Ignorance of the law is no excuse. But if you're a cop, you can be reasonably ignorant..."

Does anyone seriously think this system is just?
Ignorance of the Law May Be an Excuse



You can get into legal trouble even though you don't know that what you're doing is against the law. That's because of the age-old rule that "ignorance of the law is no excuse." Does the rule apply to everyone all the time? No, not really.

When the Police Don't Know

Here's the scenario. A citizen approaches an undercover police officer in a public park and offers to perform a sexual act on the officer. The officer arrests the citizen under a state*law making it illegal to loiter in a public place for the purpose of soliciting someone else to engage in deviant sexual behavior. However, the officer doesn't know that the law is no longer good law - a court declared it invalid about 20 years ago.

Once the authorities realized the problem the charges against the citizen were dropped. The citizen then files a lawsuit for*false arrest*in federal court. Who wins? The police officer. In June 2010, the federal appeals court in New York decided that, because the law was still published (or "on the books"), the officer didn't act unlawfully by relying on the law when arresting the citizen. His ignorance of the law goes unpunished.
http://research.lawyers.com/ignorance-of-the-law-may-be-an-excuse.html
This is the second time i posted this article on RPF. I wish i could find where i posted it the fist time.
 
Sotomayer's comment seems quite sagacious.

The obvious problem is that now a cop can illegally search anyone for any bizarre reason and simply claim it was a "mistake." Why open a giant can of worms in the courtroom trying to ascertain whether something was a mistake or a knowing misapplication of law? The search should have been thrown out. The probable cause did not exist. Period. It was only imagined by the officer.
 
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So they are no longer enforcers of the law. They are enforcers of what they THINK is the law. That's all the matters now. If a cop thinks u are breaking the law....it doesn't matter anymore what is the law.


I like how cops used to say, "Hey, I only enforce the laws, if you don't like them change them..." Now it's more like, "Hey I enforce the laws, if I don't like them, fuck you, and down and the ground before I beat the fuck out of you. I interpret the law as I see fit."
 
So they are no longer enforcers of the law. They are enforcers of what they THINK is the law. That's all the matters now. If a cop thinks u are breaking the law....it doesn't matter anymore what is the law.


I like how cops used to say, "Hey, I only enforce the laws, if you don't like them change them..." Now it's more like, "Hey I enforce the laws, if I don't like them, fuck you, and down and the ground before I beat the fuck out of you. I interpret the law as I see fit."

Hey,

Judges have been legislating from the bench for decades, now the kops decide to get in on the fun too....

Don't look for any stink to be raised from any other branch of government, it'll only draw the spotlight onto them......
 
So they are no longer enforcers of the law. They are enforcers of what they THINK is the law. That's all the matters now. If a cop thinks u are breaking the law....it doesn't matter anymore what is the law.


I like how cops used to say, "Hey, I only enforce the laws, if you don't like them change them..." Now it's more like, "Hey I enforce the laws, if I don't like them, fuck you, and down and the ground before I beat the fuck out of you. I interpret the law as I see fit."

CANCEL OP COP DOSE!

DO NOT Dose the Christmas party punch bowls with the LSD!

:D

-t
 
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