hurrrrrmione

hurrrrrmione t1_j9mpp4q wrote

> I’m pretty sure the SCOTUS has held that it does not violate the 4th amendment to be arrested even when an officer doesn’t know the law and is literally making up an arrest-able offense on the spot. > > As long as they have a good faith belief you are breaking the law (even if what they allege you are doing doesn’t violate a law)…they can arrest you.

Heien v North Carolina. A car was pulled over for having one brake light out, which lead to the officer searching the car and finding cocaine. Driving with one brake light was not illegal under North Carolina law (although iirc the law's wording was a bit unclear). SCotUS ruled that (Wikipedia's phrasing) "a police officer's reasonable mistake of law can provide the individualized suspicion required by the Fourth Amendment".

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