From Reddit about this article~~ Excerpt~~ Sensationalized and Misleading title. Citizens are absolutely protected in court from Fourth Amendment violations. Good Faith exceptions to the exclusionary rule have existed since the early 1980s, this case just clarified that mistakes of law count as well as mistakes of fact. The court case this article references is where an officer pulled a car over because of one broken headlight. In actuality the law in North Carolina says you can only be pulled over for two broken headlights. The police officer made a mistake of law in good faith. Plus, the driver even consented to the search, forfeiting his 4th amendment rights when the officer eventually did find cocaine. This is a narrow ruling, cops cant use this case to get out of everything now - they are still restricted by the 4th Amendment. permalink [–]DragonPup 40 points 3 days ago Plus, the driver even consented to the search, forfeiting his 4th amendment rights when the officer eventually did find cocaine. This is the big important part. Had the driver not consented and the cop searched his car because he claimed that the tail light gave him probable cause this would have gone the other way. If you have something in a car that you dont want a cop to see never consent to a search.
Posted on: Thu, 01 Jan 2015 23:09:04 +0000
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