CA5: Where Texas case law clear on issue, reasonable mistake of law under Heien can’t be used

Where Texas case law is clear on the issue that using a signal only applies to turns and not lane changes, it was unreasonable for the officer to rely on that statute here for a lane change, and Heien on reasonable mistake of law doesn’t apply. United States v. Alvarado-Zarza, 2015 U.S. App. LEXIS 5499 (5th Cir. April 6, 2015).

In executing a drug warrant at a house, the police smelled marijuana coming from a car found there, and then saw in it an AR-15 in plain view. That justified a warrantless search of the car [and the court doesn’t even discuss the fact that a warrant for a house includes vehicles on the curtilage associated with the house]. United States v. Avant, 2015 U.S. Dist. LEXIS 44528 (E.D. Mich. April 6, 2015).*

Defendant’s stop for not having wide enough fenders on her pickup truck was reasonable suspicion. State v. Edwards, 2015 Ida. App. LEXIS 23 (April 6, 2015).*