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Mistake of fact in running license voided stop

By John Wesley Hall, Jr.

Officer's mistake of fact in transposing numbers on a license plate when submitting them to be run created a Fourth Amendment violation when the defendant's stop occurred. McDonald v. State, 2008 Del. LEXIS 205 (May 2, 2008).* Plain feel did not apply to a folded dollar bill that was touched and moved past in a search. Going back to it violated Dickerson. Perkins v. State, 2008 Fla. App. LEXIS 6294 (1 DCA April 23, 2008).* Detaining a "person of interest" without probable cause two days after a homicide that led to a search producing a gun was unreasonable. The seriousness of the crime under investigation did not matter. Buckley v. State, 2008 Ind. App. LEXIS 958 (May 1, 2008): In the instant case, the State essentially argues that its actions were reasonable because Buckley was a prime suspect in a recent homicide...continue to full post

Full post as published by Fourth Amendment on May 05, 2008 (boomark / email).