Mistake of Law & Mistake of Fact
If an officer is mistaken about the law or a particular fact during a traffic stop such that no law was actually broken by the defendant, is the stop unlawful? It depends on whether the mistake was reasonable or unreasonable. On today’s episode of the podcast listen as Jake discusses the case law in North Carolina when it comes to an officer’s mistake of law or fact and gives you some practice tips for arguing these type of legal issues to the court.
Listen as Jake discusses the United States Supreme Court case of Heien v. North Carolina, 574 U.S. 54 (2014).
Discover the standard by which the reasonableness of an officer’s mistake is gaged.
Learn how to use the North Carolina Superior Court Judges’ Benchbook on mistake of law/fact issues.
Hear Jake review a number of North Carolina cases on these issues referencing James Davis’ DWI Trial Notebook.
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