Heien V. North Carolina and the Unreasonable "Reasonable Mistake" of Law

Milhizer, Eugene R.

Journal: Hofstra Law Review

Volume: 51

Year: 2023

Bluebook Citation: 51 HOFSTRA L. REV. (2023)

Author: Eugene R. Milhizer: all 7 publications


Abstract

The article discusses the Supreme Court's decision in Heien v. North Carolina, which allowed police officers to make "reasonable mistakes of law" when conducting traffic stops. It argues that such mistakes should be considered objectively unreasonable and that the evidence obtained should not always be suppressed. It explores the case's facts, the Court's reasoning, and its implications.

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