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Mistake of law as to traffic offense voided stop

By John Wesley Hall, Jr.

Officer's mistake of law as to applicability of some state vehicle equipment laws to a vehicle registered in another state was not reasonable, so the stop was unjustified. Motion to reconsider granted. United States v. McHugh, 2008 U.S. Dist. LEXIS 55792 (E.D. Va. July 21, 2008).* Factual dispute whether defendant was holding a bag of marijuana was resolved against him, and it cannot be said to be clearly erroneous. People v. Glenn, 2008 NY Slip Op 6383, 2008 N.Y. App. Div. LEXIS 6221 (2d Dept. July 22, 2008).* There is no reasonable expectation of privacy in trash left at the curb for collection. People v. Laurent, 2008 Colo. App. LEXIS 1162 (July 24, 2008).*

Full post as published by Fourth Amendment on July 28, 2008 (boomark / email).