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S.D.Fla.: Difference between a stop based on mistakes of law and of fact

By John Wesley Hall, Jr.

Claimant’s stop was based on reasonable suspicion of a traffic violation, and there was no mistake of law or fact. The court discusses the difference. United States v. $33,020.00 in United States Currency, 2010 U.S. Dist. LEXIS 53550 (S.D. Fla. June 1, 2010)*: a. Mistakes of Law Twilley [United States v. Twilley, 222 F.3d 1092, 1094 (9th Cir. 2000)] illustrates the situation where reasonable suspicion for a traffic stop was lacking because of a mistake of law. In Twilley, a California Highway Patrol officer spotted a vehicle with a Michigan license plate on the rear. The officer mistakenly believed that Michigan law required a license plate on the front of the vehicle in addition to the license plate on the rear. It was the officer's basis for stopping the vehicle...continue to full post

Full post as published by Fourth Amendment on June 05, 2010 (boomark / email).