This week, the Supreme Court of the United States issued an opinion that basically confirms police officers do not have to know the law. Yes, you read that right.

In HEIEN v. NORTH CAROLINA, the driver was pulled over in North Carolina for having a busted tail light. The officer “mistakenly” believed that the law requires two working brake lights. However, in North Carolina, the law does NOT require a driver to have two working brake lights. After the officer pulled the vehicle over (even though there was NO traffic infraction to give the officer the authority to stop the car), he noticed that the driver and passenger seemed “very stiff and nervous” (as if that were bizarre behavior for a person who is being stopped by the police for no reason?). The officer then asked the driver and passenger (Heien) for permission to search the vehicle, which ultimately revealed a sandwich bag filled with cocaine.

The US Supreme Court ruled that because the officer’s mistake of law was reasonable, there was “reasonable suspicion” justifying the stop under the Fourth Amendment.

In justifying the decision, Chief Justice Roberts cited what he claims to be “precedent” finding that a reasonable mistake of fact, such as an officer who stops a motorist for driving in a high-occupancy lane only to discover two children sleeping in the back seat, can justify a search or seizure and not violate the Fourth Amendment. Roberts then goes on to conclude that a “mistake of law” is as justifiable as a “mistake of fact,” and that there was essentially no violation of anyone’s rights in either scenario.

How can that be? And what is next? It seems that this decision is setting terrible precedent that will allow officers to do whatever they want and claim later that they “didn’t know they couldn’t do that.” Arrest first, ask questions later? Forget about the far-reaching effects; let’s talk about the immediate issue: if a traffic cop’s daily job function is to stop drivers for traffic offenses (such as speeding, broken tail lights, running stop signs, etc.), shouldn’t the traffic cop be required to actually know the laws entailed? Or are we now just handing out patrol cars and badges to everyone and waiting to see what happens?

A local law student, Ana Roditi, hit the nail on the head when interviewed about the case when she stated “It’s crazy to think that ignorance of the law is no excuse, unless you’re a cop – then it’s a reasonable excuse!”

Defendants cannot claim ignorance of the law as a defense to a criminal charge. But apparently, police officers can use it as an excuse to arrest anyone they feel like.

It’s an unfortunate day for civilian rights – instead of holding law enforcement to a higher standard of actually knowing the laws they are trying to enforce, the Supreme Court is now putting the burden on civilians.

The full opinion can be found here.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Family law.

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