Taillights and Motor Vehicle Stops: Part 4

by | Feb 22, 2018 | Blog, DUI, New Jersey

Suspended LicenseIn Heien, the United States Supreme Court considered a police officer’s reasonable but erroneous interpretation of a motor vehicle statute. Chief Justice Roberts’s majority opinion noted that “the ultimate touchstone of the Fourth Amendment is ‘reasonableness.'” After explaining that “[t]o be reasonable is not to be perfect,” and that the Fourth Amendment allows for reasonable mistakes of fact, the Chief Justice went on to explain that the Fourth Amendment reasonableness inquiry applies to mistakes of law just as it applies to mistakes of fact. Based on the language of the North Carolina statute involved in Heien, Chief Justice Roberts concluded that the officer’s error of law was reasonable and thus provided the officer with reasonable suspicion to justify the traffic stop. Importantly, Justice Kagan, joined by Justice Ginsburg, wrote a concurrence that has garnered support with states that have chosen to follow the Heien approach in their own search and seizure analyses. Critical to her agreement with the majority was her belief that erroneous interpretations of the law will pass Fourth Amendment scrutiny only when the law at issue is “‘so doubtful in construction’ that a reasonable judge could agree with the officer’s view.” Such cases must necessarily involve a “really difficult” or “very hard question of statutory interpretation” and will thus be “exceedingly rare.”

It can be argued that our courts should also not permit a reasonable mistake of law to justify a search or seizure. The rationale behind suppressing evidence in cases like Sutherland’s is to encourage the police to know the law that they enforce, i.e. to let the police know that they are wasting time and resources when they conduct searches or seizures without an awareness of the statutory basis to do so.  Since Heien’s mistake of law exception applies in cases where the Legislature drafted ambiguous statutes, and we want to deter the Legislature from being sloppy with the drafting of their statutes, suppression of evidence would also make sense in those “exceedingly rare” cases where a stop is based on a poorly-worded statute. Put another way, it is also important to deter the Legislature from wasting time and resources.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Great law firm always give me the updates i need thanks guys... Mark.
Mark P
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr Sisto is an excellent lawyer. The tickets I received were nothing compared to the charges i had originally. I got the best possible outcome for my case, and Mr Sisto was incredibly understanding and patient and responded to any questions I had within about 30 minutes of me asking them. I'll be going to him again for any legal trouble I have in the future
Brandon K
Google star 1Google star 2Google star 3Google star 4Google star 5
Great attorney, responded very quickly to our emails and calls. The office staff is attentive and knowledgeable as well. Over all a great experience. Highly recommend him.
Alexandra L
Google star 1Google star 2Google star 3Google star 4Google star 5
Keeps me well informed ! Thank you
Koy T
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto handled a case regarding my business. He was always available to answer my calls directly and helped me with any questions I had. He also had the case dismissed before I was even able to make it to the court room! I know it can be difficult when finding an attorney but I know I made no mistake choosing the law offices of Frederick Sisto, I highly recommend him!!
Kari J
Google star 1Google star 2Google star 3Google star 4Google star 5
I got my life back together because of this man he is quick,strategic,and will get you threw almost any criminal matter.When things are looking rough legal wise he will fight for you…FRED SISTO THE WAY TO GO!!!
Byron P
Google star 1Google star 2Google star 3Google star 4Google star 5
Antes que todo le doy las gracias señor Frederick P Sisto por representarme legalmente es usted un excelente abogado que habla con la verdad desde el principio es usted un abogado profesional que que sabe bien lo que hace ante los juzgados sin importar mi estatus legal en este país me represento con respeto y sobre todo muy profesionalmente y pudo hacer q bajaran mi delito de segundo grado a tercer grado y lo mejor que no permitió que me dieran tempo en carcel mi familia y yo estamos muy agradecidos con usted Puedo recomendar al señor abogado Frederick P Sisto como un excelente abogado y sin duda COMO UNO DE LOS MEJORES DEL ESTADO DE NEW JERSEY First of all I thank you Mister Frederick P Sisto for representing me legally you're an excellent lawyer who speaks to the truth from the beginning you are a professional lawyer who knows well what you do before the courts regardless of my legal status in this P Country I represent with respect and especially very professionally and could make Q lower my second-degree offense to third grade and the best I did not allow me to give tempo in jail my family and I are very grateful to you I can recommend Mr. Freder Attorney Ick P Sisto as an excellent lawyer and certainly as one of the best in the state of NEW JERSEY
Raul F
Google star 1Google star 2Google star 3Google star 4Google star 5
Current Pre law students and I had a question pertaining to a certain scenario in class. He responded back and gave me a case that broke down exactly what I asked for.
Chad T
Google star 1Google star 2Google star 3Google star 4Google star 5
Frederick Sisto Law Office guided me through my legal needs, they were very responsive and professional and I would use certainly use them again
Ryan P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred never represented me but been in touch with him a few times and was a very professional experience from the minute I called the office
Jj B