DC: To get the benefit of Heien mistake of law, there has to be something that shows the law mistakenly applied actually applied, and here it didn’t

A D.C. police car stopped, backed up, and four officers got out of the car, walked over to defendant, and told him to “get up.” A reasonable person would not have believed he was free to leave, and this stop was without reasonable suspicion. The result of the stop should have been suppressed. Heien provides the government no relief: The government argued that there was a reasonable mistake of law, but there was nothing shown that the law attempted to be mistakenly applied was even close to being satisfied. Hooks v. United States, 2019 D.C. App. LEXIS 199 (May 30, 2019).

Petitioner’s 2255 for ineffective assistance of counsel in not filing a motion to suppress fails because he fails to show how the Fourth Amendment was violated in his case. Bowman v. United States, 2019 U.S. Dist. LEXIS 90710 (N.D. Ohio May 30, 2019).*

Defendant’s post-conviction petition alleges he didn’t ever see a search warrant, but this tell the court nothing about whether the search was unreasonable. United States v. Rhodes, 2019 U.S. Dist. LEXIS 88692 (W.D. Pa. May 28, 2019).*

This entry was posted in Good faith exception, Ineffective assistance, Reasonableness. Bookmark the permalink.

Comments are closed.