D.Nev.: No reasonable mistake of law where only case on point says no RS for stop

A Nevada statute proscribes things “upon” the windshield. Air fresheners hanging from the mirror don’t violate the statute. The only Ninth Circuit case involves an almost identical city code provision, and that court held that something hanging from the mirror wasn’t good enough. Applying the reasonable mistake of law analysis of Heien, the court finds that this was not, and the motion to suppress is recommended granted. United States v. Sanders, 2015 U.S. Dist. LEXIS 39424 (D.Nev. February 27, 2015).

In a terrorist assistance case, OFAC got a blocking order and seized property. It was later searched with a warrant. “Petitioners did not challenge OFAC’s blocking order. The Court denied the motion to suppress. While this case was pending before the Fifth Circuit on direct appeal, the Ninth Circuit held in Al-Haramain Islamic Foundation v. United States Department of the Treasury, 660 F.3d 1019 (9th Cir. 2011 ), opinion amended and superseded on denial of rehearing en banc by Al-Haramain Islamic Found. v. United States Department of the Treasury, 686 F.3d 965 (2012), that OFAC was required to obtain a warrant before it could issue a blocking order under IEEPA. Id. at 1043-48. Petitioners now argue counsel was ineffective for failing to challenge the warrantless blocking order in their motion to suppress.” The Fifth Circuit denied the motion to suppress on different grounds. No case has been cited showing that a warrant was required first. “Defense counsel therefore reasonably chose to argue that the government violated Petitioners’ Fourth Amendment rights by entering HLF offices, seizing property, and moving this property to a government storage location without a warrant. Petitioners have failed to establish ineffective assistance of counsel.” Odeh v. United States, 2015 U.S. Dist. LEXIS 40058 (N.D.Tex. March 30, 2015).*

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