Criminal
Mar. 17, 2015
Ruling's impact on state traffic stops still uncertain
Can a police officer's reasonable mistake of law provide proper suspicion under the Fourth Amendment to make an investigatory traffic stop? Until recently, the answer in California generally was "no." By Sunil R. Kulkarni
Can a police officer's reasonable mistake of law provide proper suspicion under the Fourth Amendment to make an investigatory traffic stop (e.g., to make a "seizure")? Until recently, the answer in California generally was "no." See People v. Teresinski, 30 Cal. 3d 822, 827 (1982) ("Courts on strong policy grounds have generally refused to excuse a police officer's mistake of law"); People v. Re...
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