GA: Where no violation of clear statute, no Heien reasonable mistake of law defense for state

Defendant did not violate the traffic statute that the officer stopped him for. Therefore, Heien’s reasonable mistake of law and good faith doesn’t apply. Moreover, there is no good faith exception in Georgia. Harris v. State, 2018 Ga. App. LEXIS 67 (Feb. 14, 2018).

The circuit court erred in granting a defendant’s motion for return of property based on two attached documents where the state didn’t even get a chance to respond. The facts were in dispute on whether the money was evidence or forfeitable. The state claimed it was evidence for defendant’s drug trial. Clayton v. State, 2018 Fla. App. LEXIS 2235 (Fla. 2d DCA Feb. 14, 2018).