WV: Officer’s subjective belief in his ability to arrest DUIs statewide was unreasonable under Heien

“However, Heien does offer some insight into the type of ‘mistake’ which may provide relief-the area upon which the circuit court below focused. The Court concluded that ‘[t]he Fourth Amendment tolerates only reasonable mistakes, and those mistakes-whether of fact or of law-must be objectively reasonable. We do not examine the subjective understanding of the particular officer involved.’ Id. at 66 (some emphasis added). More pointedly, ‘an officer can gain no … advantage through a sloppy study of the laws he is duty-bound to enforce.’ Id. at 67. We therefore conclude, as did the circuit court, that even if Heien were applicable, Officer Billie’s purported belief about his ability to execute State-wide DUI arrests simply was not reasonable. [¶] We therefore agree with the circuit court’s conclusion that DMV failed to establish a lawful arrest, a prerequisite to a valid revocation, and therefore the OAH’s revocation was erroneous.” Frazier v. Gaiser, 2020 W. Va. LEXIS 778 (Nov. 12, 2020).

Application of the good faith exception to CSLI applies here because it was briefed on appeal. The court has previously said it won’t apply the good faith exception sua sponte. State v. Cox, 307 Neb. 762 (Nov. 13, 2020).*

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