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Thread: Revisiting Heien, 'Cutting Cops Too Much Slack', Georgetown L.J.

  1. #1
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    Thru Death's Door in Wisconsin

    Revisiting Heien, 'Cutting Cops Too Much Slack', Georgetown L.J.

    Law Review link in John Wesley Hall's

    Police officers can make mistakes, which, for better or worse, the U.S. Supreme Court has often seen fit to forgive. Police, for instance, can make mistakes of fact when assessing whether circumstances justify the seizure of an individual 1 or search of a residence; 2 they can even be mistaken about the identity of those they arrest. 3 This essay examines yet another, arguably more significant context where police mistakes are forgiven: when they seize a person based on their misunderstanding of what a law prohibits. 188 KB 8 pages

    "Surprisingly, Heien was met with near silence by the nation’s editorial pages 14 and inspired only a single dissent, by Justice Sotomayor. 15 Justice Sotomayor condemned her colleagues’ blithe equating of factual determinations by police and their understanding of the laws that they enforce.

    Factual determinations, she noted, are probabilistic by their very nature, requiring officers to utilize their training and experience to make often quick deductions about possible criminal misconduct. 16 “The same cannot be said about legal exegesis,” Justice Sotomayor observed.

    “‘[T]he notion that the law is definite and knowable’ sits at the foundation of our legal system. And it is courts, not officers, that are in the best position to interpret the laws.” 17 “What matters . . . [is] the rule of law—not an officer’s conception of the rule of law, and not even an officer’s reasonable misunderstanding about the law, but the law.” 18 [reformatted]"
    Last edited by Nightmare; 10-28-2015 at 06:28 AM.
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  2. #2
    Regular Member solus's Avatar
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    Aug 2013
    here nc
    and some nice LEs are into the profit center mode way way too far...

    --Mod deleted link--

    course you have to justify and pay for 9 officers time some how.

    Last edited by Grapeshot; 10-28-2015 at 12:52 PM. Reason: Link has nothing relevant to OC or RKBA
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