{"id":59683,"date":"2024-12-26T08:54:00","date_gmt":"2024-12-26T13:54:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59683"},"modified":"2024-12-27T10:27:54","modified_gmt":"2024-12-27T15:27:54","slug":"ky-stop-based-on-a-statute-not-yet-in-effect-isnt-a-reasonable-mistake-of-law","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=59683","title":{"rendered":"KY: Stop based on a statute not yet in effect isn’t a reasonable mistake of law"},"content":{"rendered":"\n

Defendant\u2019s stop based on a vehicle equipment law that had not yet gone into effect was not saved by Heien. As in: when the law\u2019s not yet law, there can\u2019t be a reasonable mistake about its application. \u201cAn officer cannot stop a motorist based on speculation about what the law requires. There can be no good faith under such circumstances.\u201d As to informant hearsay, the sole fact an informant was known from a prior DV call isn\u2019t reason to credit her story without more to show this story was reliably true. Vincent v. Commonwealth<\/a>, 2024 Ky. LEXIS 402 (Dec. 19, 2024).<\/p>\n\n\n\n

\u201cThe following non-exhaustive factors may contribute to reasonable suspicion for extending a traffic stop: (1) a high-crime area; (2) a short-term stop at a hotel; (3) the time of day; (4) failure to promptly pull over; (5) driving a vehicle registered to an absent third party; (6) driving without a valid driver’s license or insurance; (7) prior criminal history; and (8) lies, evasion, or inconsistencies. \u2018Each factor is not to be considered in isolation because even though one factor alone may be innocently explained, the factors considered together can support reasonable suspicion.\u2019 The Court will examine these seemingly innocuous factors and determine whether, in the aggregate, they can amount to a reasonable, articulable suspicion that Defendant was engaged in criminal activity.\u201d Here they do. United States v. Presley, 2024 U.S. Dist. LEXIS 230671 (D. Kan. Dec. 20, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s stop based on a vehicle equipment law that had not yet gone into effect was not saved by Heien. As in: when the law\u2019s not yet law, there can\u2019t be a reasonable mistake about its application. \u201cAn officer cannot … 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":[35,63],"tags":[],"class_list":["post-59683","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59683","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=59683"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59683\/revisions"}],"predecessor-version":[{"id":59687,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59683\/revisions\/59687"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59683"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59683"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59683"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}