Yesterday the Supreme Court decided the Heien case, and as predicted, the Justices ruled in favor of the government in a very limited holding. Stating that “[t]o be reasonable is not to be perfect,” the Court allowed for a police officer’s reasonable suspicion to be based on a reasonable mistake of law, but also pointed out that very few mistakes of law by a police officer will ever be deemed reasonable. The only real surprise here was the lopsided vote: it was an 8-1 opinion, with only Justice Sotomayor in dissent. Here is the key passage from the majority opinion:
Contrary to the suggestion of Heien and amici, our decision does not discourage officers from learning the law. The Fourth Amendment tolerates only reasonable mistakes, and those mistakes—whether of fact or of law—must be objectively reasonable. We do not examine the subjective understanding of the particular officer involved. Cf. Whren v. United States, 517 U. S. 806, 813 (1996). And the inquiry is not as forgiving as the one employed in the distinct context of deciding whether an officer is entitled to qualified immunity for a constitutional or statutory violation. Thus, an officer can gain no Fourth Amendment advantage through a sloppy study of the laws he is duty-bound to enforce.
Indeed, the only two examples that the Court gives of a possible reasonable mistake of law are (1) when an officer relies on a law that is later overturned (as in the DeFillipo case that the Court cites), or (2) when an officer “suddenly confronts a situation in the field as to which the application of a statute is unclear”–such as seeing a Segway “whiz by” in a park and deciding whether the operator is violating a law against “vehicles in the park.” The fact that the Court chose such an ancient and intractable legal puzzle as the vehicles in the park dilemma indicates that this doctrine will be limited to truly ambiguous applications of the law.
Justice Kagan’s concurrence emphasizes this limitation, pointing out that the objective nature of the analysis means that “the government cannot defend an officer’s mistaken legal interpretation on the ground that the officer was unaware of or untrained in the law. And it means that, contrary to the dissenting opinion in the court below, an officer’s reliance on ‘an incorrect memo or training program from the police department’ makes no difference to the analysis.”
In her dissent, Justice Sotomayor echoes many of the concerns of the amici briefs in the case: “[o]ne is left to wonder…why an innocent citizen should be made to shoulder the burden of being seized whenever the law may be susceptible to an interpretive question.” But in doing so she mis-states (perhaps intentionally) the majority’s decision. Heien does not allow police to seize a suspect anytime the law “may be susceptible to an interpretive question”–it will only apply when the law is so ambiguous that a well-informed police officer can make a reasonable mistake as to whether it prohibits certain behavior.
In the end, this case will (hopefully) not fundamentally change the way police activity is conducted, or the way it is reviewed by the courts. No doubt prosecutors will try to stretch Heien in the coming years, attempting to fit all sorts of ignorant or sloppy police activity into its holding. Given the language in the Heien decision, the lower courts should have no problem swatting those claims aside and keeping the Heien doctrine strictly limited to truly reasonable mistakes of law.
Only wanna remark that you have a very decent web site, I like the style and design it really stands out.
Magnificent beat ! I wish to apprentice at the same time as you amend your web site, how can i subscribe for a blog site? The account helped me a appropriate deal. I were a little bit acquainted of this your broadcast provided brilliant transparent concept
Wonderful goods from you, man. I’ve take note your stuff previous to and you’re just too fantastic. I really like what you have got here, certainly like what you are stating and the way in which in which you are saying it. You make it enjoyable and you still take care of to stay it wise. I cant wait to read far more from you. This is really a tremendous website.
whoah this blog is fantastic i really like studying your articles. Keep up the great paintings! You understand, many individuals are searching around for this info, you could help them greatly.
Awesome blog! Is your theme custom made or did you download it from somewhere?
A design like yours with a few simple adjustements would really make my blog stand out.
Please let me know where you got your theme. Cheers
I blog frequently and I seriously appreciate your information.
This great article has really peaked my interest.
I’m going to book mark your site and keep checking for
new information about once a week. I subscribed to your RSS feed as well.
Hi Dear, are you in fact visiting this web site daily, if so then you will definitely take
good know-how.
This blog was… how do you say it? Relevant!! Finally I’ve found something which helped me.
Thank you!
Dental health starts with good habits at a young age.
Greate article. Keep posting such kind of info on your page.
Im really impressed by your blog.
Hi there, You have performed an excellent job. I’ll certainly digg it and in my opinion recommend to my friends.
I’m sure they will be benefited from this web site.
I know this site provides quality depending content and
extra information, is there any other web page which offers these stuff
in quality?
I’ve been browsing online more than three hours today,
yet I never found any interesting article like yours.
It’s pretty worth enough for me. Personally, if all web owners
and bloggers made good content as you did, the net will be
a lot more useful than ever before.
I’m not that much of a online reader to be honest but your sites really nice, keep it up!
I’ll go ahead and bookmark your site to come back down the road.
All the best
Magnificent site. Plenty of helpful info here.
I am sending it to several pals ans additionally sharing in delicious.
And naturally, thanks on your sweat!
I know this site gives quality based posts and extra stuff, is there any other web
page which offers these stuff in quality?
It’s difficult to find experienced people for this subject, but you seem
like you know what you’re talking about! Thanks
This piece of writing will help the internet visitors for setting up new webpage or even a weblog from start to
end.
Thank you, I’ve recently been searching for information about this topic for
a long time and yours is the greatest I have discovered till now.
However, what in regards to the conclusion? Are you
certain concerning the supply?
I blog quite often and I genuinely appreciate your content.
This great article has really peaked my interest.
I’m going to book mark your website and keep checking for new information about once a week.
I opted in for your Feed as well.
Yes! Finally something about advanced tickets.
Neat blog! Is your theme custom made or did you download it from somewhere?
A theme like yours with a few simple tweeks would
really make my blog stand out. Please let me know where you got your theme.
Many thanks
What a stuff of un-ambiguity and preserveness of valuable know-how concerning
unpredicted emotions.
Good info. Lucky me I discovered your blog by chance
(stumbleupon). I’ve saved as a favorite for later!
Amazing things here. I’m very happy to peer your article. Thank you a lot and I am taking a look forward to contact you.
Will you please drop me a mail?
یادگیری شیمی ،شیمی،مواد شیمی،عناصر
This text is priceless. How can I find out more?
I think what you postedtypedbelieve what you postedtypedsaidthink what you postedwrotesaidthink what you postedtypedWhat you postedwrotesaid was very logicala bunch of sense. But, what about this?think about this, what if you were to write a killer headlinetitle?content?wrote a catchier title? I ain’t saying your content isn’t good.ain’t saying your content isn’t gooddon’t want to tell you how to run your blog, but what if you added a titleheadlinetitle that grabbed people’s attention?maybe get people’s attention?want more? I mean %BLOG_TITLE% is a little vanilla. You could peek at Yahoo’s home page and see how they createwrite news headlines to get viewers interested. You might add a video or a related pic or two to get readers interested about what you’ve written. Just my opinion, it could bring your postsblog a little livelier.
Heya i’m for the first time here. I found this board and
I in finding It really useful & it helped me out much.
I am hoping to give one thing again and help others like you aided me.
Outstanding quest there. What occurred after? Thanks!
You ought to take part in a contest for one of the best blogs on the net. I most certainly will recommend this website!
I feel this is one of the such a lot significant information for me. And i’m satisfied reading your article. However wanna statement on few common things, The site taste is perfect, the articles is in point of fact excellent : D. Just right task, cheers
I really like what you guys are up too. This type of clever work and coverage! Keep up the awesome works guys I’ve added you guys to my personal blogroll.
Hello, i read your blog occasionally and i own a similar one
and i was just wondering if you get a lot of spam comments?
If so how do you prevent it, any plugin or anything you can advise?
I get so much lately it’s driving me crazy so any help
is very much appreciated.
I like what you guys are up too. This sort of clever work and coverage! Keep up the terrific works guys I’ve you guys to my personal blogroll.
I was very pleased to discover this website. I want to to thank you for your time due to this wonderful read!! I definitely enjoyed every little bit of it and I have you saved as a favorite to check out new stuff on your web site.
This website really has all of the information and facts I wanted concerning this
subject and didn’t know who to ask.
Today, I went to the beachfront with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is completely off topic but I had to tell someone!
I delight in, lead to I found exactly what I used to be looking for. You have ended my 4 day long hunt! God Bless you man. Have a nice day. Bye
This is very interesting, You are a very skilled blogger. I have joined your feed and look forward to seeking more of your magnificent post. Also, I have shared your web site in my social networks!
Appreciation to my father who informed me about this webpage, this blog is in fact awesome.
Attractive section of content. I just stumbled upon your web
site and in accession capital to assert that I acquire in fact enjoyed account your blog posts.
Any way I’ll be subscribing to your augment and even I achievement you
access consistently rapidly.
Oh my goodness! Awesome article dude! Thanks, However I am going through issues with your RSS. I don’t know why I can’t subscribe to it. Is there anybody else getting the same RSS problems? Anyone who knows the solution will you kindly respond? Thanx!!
Hi mates, how is everything, and what you would like to say on the topic
of this piece of writing, in my view its genuinely amazing designed
for me.
Aw, this was a really nice post. Finding the time and actual effort to make a great article but what can I say I procrastinate a lot and never seem to get anything done.
I’m not sure why but this site is loading incredibly slow for me. Is anyone else having this issue or is it a problem on my end? I’ll check back later and see if the problem still exists.
Wow that was odd. I just wrote an extremely long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Regardless, just wanted to say wonderful blog!
Hmm it seems like your site ate my first comment (it was extremely long) so I guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog. I as well am an aspiring blog blogger but I’m still new to the whole thing. Do you have any helpful hints for novice blog writers? I’d definitely appreciate it.
Wow, incredible blog layout! How long have you been blogging for? you make blogging glance easy. The whole glance of your web site is fantastic, let alonesmartly as the content!
Whoa! This blog looks exactly like my old one! It’s on a completely
different subject but it has pretty much the same page layout and design.
Excellent choice of colors!
Great post. I am going through some of these issues as well..
Have you ever considered about including a little bit more than just your articles? I mean, what you say is valuable and all. Nevertheless think about if you added some great pictures or video clips to give your posts more, “pop”! Your content is excellent but with images and clips, this site could certainly be one of the greatest in its niche. Very good blog!
Can I simply say what a relief to discover somebody that actually knows what they’re talking about on the net. You certainly understand how to bring an issue to light and make it important. More people need to look at this and understand this side of the story. I can’t believe you’re not more popular because you certainly have the gift.
Keep this going please, great job!
Quality articles is the secret to attract the people to pay a visit the web site, that’s what this site is providing.
Thanks , I’ve recently been searching for information approximately this subject for a long time and
yours is the greatest I have discovered till now. However, what concerning the bottom
line? Are you sure about the supply?
I know this if off topic but I’m looking into starting my own blog and was wondering
what all is required to get setup? I’m assuming having a blog like yours would cost a pretty penny?
I’m not very web savvy so I’m not 100% positive. Any suggestions or advice would be greatly appreciated.
Cheers
I don’t even know the way I stopped up here, however I assumed this submit was good. I don’t understand who you’re however definitely you are going to a famous blogger for those who are not already. Cheers!
Hi there, yup this post is in fact pleasant and I have learned lot of things from it about blogging. thanks.
I think this is one of the most important information for me. And i’m glad reading your article. But want to remark on few general things, The website style is great, the articles is really nice : D. Good job, cheers
What’s up, this weekend is good designed for me, for the reason that
this point in time i am reading this enormous informative post here at my home.
When I originally commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get three emails with the same comment. Is there any way you can remove me from that service? Bless you!
We stumbled over here coming from a different web page and thought I may as well check things
out. I like what I see so i am just following you.
Look forward to finding out about your web page again.
I all the time used to read article in news papers but now as I am a user of internet so from now I am using net for articles or reviews, thanks to web.
hello there and thank you for your information –
I have definitely picked up anything new from right here. I
did however expertise several technical points using this website,
as I experienced to reload the website a lot of times previous to I
could get it to load properly. I had been wondering if your web host is OK?
Not that I am complaining, but sluggish loading
instances times will very frequently affect your placement in google and could damage your high quality score if ads
and marketing with Adwords. Anyway I am adding this RSS to my email and can look out for a lot more
of your respective exciting content. Ensure
that you update this again soon.
It is perfect time to make a few plans for the longer term and it is time to be happy. I have read this publish and if I may just I want to recommend you few interesting things or suggestions. Perhaps you could write next articles relating to this article. I want to read more things approximately it!
Somebody essentiaally hrlp too make crritically articles I would state.
That is the first tkme I frequented your web page aand tjus far?
I surprised with the research yoou maxe to make this actual submit incredible.
Excellkent process!
I always spent my half an hour to read this weblog’s articles or reviews every day along with a cup of coffee.
Its not my first time to pay a quick visit this website, i am browsing this web page dailly and
take fastidious information from here all the time.
Wonderful goods from you, man. I’ve understand your stuff previous to and you’re just too magnificent. I really like what you’ve acquired here, really like what you’re stating and the way in which you say it. You make it entertaining and you still take care of to keep it smart. I cant wait to read far more from you. This is actually a great site.
Hey there! I know this is kind of off-topic but I had to ask. Does building a well-established blog like yours take a lot of work? I’m completely new to blogging but I do write in my diary everyday. I’d like to start a blog so I will be able to share my own experience and thoughts online. Please let me know if you have any suggestions or tips for new aspiring bloggers. Appreciate it!
It is appropriate time to make a few plans for the future and it is time to be happy. I have read this publish and if I may just I want to suggest you few fascinating things or suggestions. Perhaps you could write next articles relating to this article. I want to read more things approximately it!
I am curious to find out what blog system you have been working with? I’m experiencing some minor security problems with my latest website and I would like to find something more safeguarded. Do you have any suggestions?
I needed to thank you for this excellent read!! I definitely enjoyed every little bit of it. I have you book marked to check out new stuff you post