Reasonable Mistake of Law Justifies a Seizure
The Illinois Supreme Court has wasted no time in adopting the idea that there is no Fourth Amendment violation when a police officer is reasonably mistaken about the traffic law he or she says they are enforcing.
All this means a cop:
*CAN pull over a car
*Even though they are wrong
*About what the traffic law means
*If this mistake was reasonable
Should alarm bells be going off? Does this mean the exclusionary rule is dead or dying? Do cops have an incentive to stay ignorant about the traffic laws? Even when cops know the law, will they fake ignorance to justify a stop?
I talk about the cases and address these concerns in podcast episode 073.
Click below to get some answers:http://illinoiscaselaw.com/073-traffic-stop-based-on-reasonable-mistake-of-law-is-not-illegal/