Mistake of Law & Mistake of Fact
If an officer is mistaken about the law or a distinct reality all through a traffic stop these kinds of that no legislation was actually damaged by the defendant, is the halt unlawful? It relies upon on no matter whether the oversight was sensible or unreasonable. On today’s episode of the podcast pay attention as Jake discusses the circumstance law in North Carolina when it arrives to an officer’s miscalculation of legislation or simple fact and provides you some observe guidelines for arguing these kind of authorized troubles to the courtroom.
Pay attention as Jake discusses the United States Supreme Court situation of Heien v. North Carolina, 574 U.S. 54 (2014).
Discover the common by which the reasonableness of an officer’s miscalculation is gaged.
Find out how to use the North Carolina Remarkable Courtroom Judges’ Benchbook on blunder of legislation/reality challenges.
Listen to Jake evaluation a number of North Carolina scenarios on these problems referencing James Davis’ DWI Trial Notebook.
