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SD: Objectively unreasonable mistakes of law do not support arrests

By John Wesley Hall, Jr.

Noting a conflict in the cases, with the majority of cases saying a mistake of law is not objective good faith, South Dakota decides that objectively unreasonable mistakes of law do not support arrests. State v. Wright, 2010 SD 91, 2010 S.D. LEXIS 167 (December 8, 2010): [*P21] This case is thus more analogous to Webb and Washington than Martin. Trooper Biehl may have believed in good faith that Wright violated SDCL 32-17-7, “[b]ut his subjective good faith is not sufficient to justify the stop[.]” Martin, 411 F.3d at 1001. “[O]fficers have an obligation to understand the laws that they are entrusted with enforcing, at least to a level that is objectively reasonable.” Id. “Any mistake of law that results in a search or seizure, therefore, must be objectively reasonable to avoid running afoul of the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on December 14, 2010 (boomark / email).