Anybody follow HEIEN v. NORTH CAROLINA? You need to!!!! Kind of surprised this one received certiorari. The opinion is a game changer in a way. That is, it kind of implies that a police officers respect for the 4th Amendment not be completely lawful (as in lawful search and seizure) but only be reasonable. While Im all about getting scumbags off the street...this could obviously lead to abuse of perceived authority. Its a slippery road, and although Im glad the evidence will stand, Im very disappointed that the Supreme court didnt remand it to the lower courts with a suggestion. The fact that the statute in question, regarding stop lamps (brake lights in modern terminology) is ambiguous, should call for a correction in THAT statute, rather than this rather harsh jab at the 4th Amendment. Im a strong believer in ALL of the US Constitution, but the 1st, 2nd, 4th,13th, 14th, and 15th Amendments are my personal top 6. supremecourt.gov/opinions/14pdf/13-604_ec8f.pdf
Posted on: Tue, 16 Dec 2014 20:34:19 +0000