{"id":31205,"date":"2018-01-06T20:35:25","date_gmt":"2018-01-07T01:35:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=31205"},"modified":"2018-01-07T12:22:30","modified_gmt":"2018-01-07T17:22:30","slug":"nc-officers-reasonable-but-mistaken-belief-that-defs-picture-was-in-a-database-of-wanted-person-made-the-arrest-valid","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=31205","title":{"rendered":"NC: Officer\u2019s reasonable but mistaken belief that def\u2019s picture was in a database of wanted persons made the arrest valid"},"content":{"rendered":"<p>The officer\u2019s reasonable but mistaken belief that defendant\u2019s picture was in a database of wanted persons made the arrest valid. \u201cAdditionally, the seizure of a person based on a reasonable mistake as to that person\u2019s identity is constitutional.  State v. Lynch, 94 N.C. App. 330, 333, 380 S.E.2d 397, 399 (1989) (\u2018[A]n arrest based upon a reasonable mistake as to the arrested individual\u2019s identity is valid.\u2019 (citing Hill v. California, 401 U.S. 797, 91 S. Ct. 1106, 28 L. Ed. 2d 484 (1971))).\u201d \u201cWe find that the officer\u2019s belief that defendant matched a photograph based on direct comparison was reasonable.  Since the man whose photograph appeared in CJLEADS did not have a valid driver\u2019s license, the officer had reasonable suspicion that defendant was driving without a valid driver\u2019s license.  Further, we find that pulling alongside defendant\u2019s vehicle to get a second look at him, rather than relying on a single observation, was a reasonable step in an attempt to confirm defendant\u2019s identity.\u201d <a href=\"https:\/\/appellate.nccourts.org\/opinions\/?c=2&#038;pdf=35799\">State v. Moore<\/a>, 2018 N.C. App. LEXIS 10  (Jan. 2, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer\u2019s reasonable but mistaken belief that defendant\u2019s picture was in a database of wanted persons made the arrest valid. \u201cAdditionally, the seizure of a person based on a reasonable mistake as to that person\u2019s identity is constitutional. State v. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=31205\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[50,63],"tags":[],"class_list":["post-31205","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31205","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=31205"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31205\/revisions"}],"predecessor-version":[{"id":31229,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31205\/revisions\/31229"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31205"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31205"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31205"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}