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FL5: Reasonable mistake of fact doesn't void stop

By John Wesley Hall, Jr.

Officer's reasonable error of fact about window tint did not void the stop. State v. Wimberly, 2008 Fla. App. LEXIS 11440 (Fla. App. 5th DCA July 25, 2008): If an officer makes traffic stop based on a mistake of fact, the court must determine whether the officer's mistake of fact was reasonable. Great deference is given to the judgment of trained law enforcement officers "on the scene." See Saucier, 533 U.S. at 205-06 (discussing excessive force claims while noting that excessive force and probable cause determinations are subject to same Fourth Amendment analysis). "The principal components of a determination of reasonable suspicion or probable cause will be ... viewed from the standpoint of an objectively reasonable police officer. ..." Ornelas, 517 U...continue to full post

Full post as published by Fourth Amendment on July 30, 2008 (boomark / email).