{"id":19349,"date":"2015-10-27T18:24:03","date_gmt":"2015-10-27T23:24:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19349"},"modified":"2015-10-28T08:06:53","modified_gmt":"2015-10-28T13:06:53","slug":"new-law-review-article-wayne-a-logan-cutting-cops-too-much-slack","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=19349","title":{"rendered":"New Law Review Article: Wayne A. Logan, Cutting Cops Too Much Slack"},"content":{"rendered":"

Wayne A. Logan, Cutting Cops Too Much Slack<\/a>, 104 Georgetown L.J. 87 (2015):<\/p>\n

Police officers can make mistakes, which, for better or worse, the U.S. Supreme Court has often seen fit to forgive. Police, for instance, can make mistakes of fact when assessing whether circumstances justify the seizure of an individual or search of a residence; they can even be mistaken about the identity of those they arrest. This essay examines yet another, arguably more significant context where police mistakes are forgiven: when they seize a person based on their misunderstanding of what a law prohibits.
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\nAlthough such a seizure might seem the epitome of unreasonable behavior proscribed by the Fourth Amendment, the Supreme Court has disagreed. In 1979, in Michigan v. DeFillippo, the Court\u2019s thinking on the question started out modestly enough when a six-member majority concluded that police can arrest for violation of a law later deemed unconstitutional. \u201cSociety,\u201d the Court reasoned, \u201cwould be ill-served if its police took it upon themselves to determine which laws are and which are not constitutionally entitled to enforcement.\u201d In 2004, in Devenpeck v. Alford, the Court went a step farther, unanimously holding that police can arrest an individual for conduct that is not prohibited by law, so long as facts known to the officer afford probable cause to believe that another lawful basis to arrest exists.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Wayne A. Logan, Cutting Cops Too Much Slack, 104 Georgetown L.J. 87 (2015): Police officers can make mistakes, which, for better or worse, the U.S. Supreme Court has often seen fit to forgive. Police, for instance, can make mistakes of … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63],"tags":[],"class_list":["post-19349","post","type-post","status-publish","format-standard","hentry","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19349","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19349"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19349\/revisions"}],"predecessor-version":[{"id":19359,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19349\/revisions\/19359"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19349"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19349"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19349"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}