D.N.M.: Whether the maintaining one’s lane statute was violated is subject to Heien and the reasonable mistake of law

The collective knowledge doctrine applies to reasonable suspicion, too. Here, there is argument whether defendant actually violated the requirement of staying in his lane by touching the lane marker or crossing it. Either way, the court finds that this qualifies as a reasonable mistake of law under Heien. United States v. Cruz, 2018 U.S. Dist. LEXIS 151907 (D. N.M. Sep. 6, 2018).

The USMJ credited that the officer smelled marijuana when defendant was stopped, and that’s probable cause for a search of the car. United States v. McKinney, 2018 U.S. Dist. LEXIS 151891 (E.D. Tenn. Sep. 6, 2018).*

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