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E.D.Va.: Statute was clear, so misapplication by police could not invoke good faith exception

By John Wesley Hall, Jr.

Officer’s mistake of law about a traffic offense barred application of the good faith exception to this warrantless arrest. The statute was clear, so the lack of decisions under the statute doesn’t matter. United States v. Davis, 2010 U.S. Dist. LEXIS 15705 (E.D. Va. February 23, 2010): The United States takes the view that this case is distinguishable because here, the officer was applying an unsettled law. As a result, the United States asserts, applying the exclusionary rule will not result in an appreciable deterrence, one of the primary aims of the rule. See United States v. Janis, 428 U.S. 433, 454 (1976) (stating that the exclusionary rule should be applied when doing so will result in appreciable deterrence of future constitutional violations)...continue to full post

Full post as published by Fourth Amendment on February 25, 2010 (boomark / email).