Ignoratia juris non excusat

[Knowing]

Nevermind, lol

http://www.scotusblog.com/case-files/cases/heien-v-north-carolina/

Heien v. North Carolina

Docket No. Op. Below Argument Opinion Vote Author Term 13-604 N.C. Oct 6, 2014
Tr.Aud. Dec 15, 2014 8-1 Roberts OT 2014 Disclosure: Kevin Russell of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, was among the counsel to the petitioner in this case at the cert. stage through the Stanford Law School Supreme Court Litigation Clinic, but he is not participating in the case at the merits stage.
Holding: A police officer’s reasonable mistake of law gives rise to reasonable suspicion that justifies a traffic stop under the Fourth Amendment.
Judgment: Affirmed, 8-1, in an opinion by Chief Justice Roberts on December 15, 2014. Justice Kagan filed a concurring opinion, in which Justice Ginsburg joined. Justice Sotomayor filed a dissenting opinion.

https://www.rutherford.org/files_images/general/06-17-2014_Heien_Brief.pdf

Because there is no legal, principled, or logical basis for treating citizens differently from government agents, it is not surprising that the distinct majority of courts that have faced the issue presented in this case have held that a traffic stop based on a mistake of law violates the Fourth Amendment.

See, e.g., United States v. Coplin, 463 F.3d 96, 101 (1st Cir. 2006) ("Stops premised on a mistake of law, even a reasonable, good-faith mistake, are generally held to be unconstitutional.")

I'm not sure I see the benefit in allowing "oopsies," but I can foresee a bevy of problems for establishing the constitutionality of agents of government being excused from their responsibility to respect individual's rights.

 

[JEDIYoda]

repost

 

[Blanky]

Ignorance is an excuse, always has been and will be and we all intuitively know it to be so, since there are too many laws for anybody to know in their entirety.

 

[Jaskalas]

I know a number of conservatives who gained a measure of respect for Sotomayor following this dissent against baseless seizure.

The rest of the Court essentially tells us plebs to sit back down where we belong.