{"id":22153,"date":"2016-05-16T00:03:10","date_gmt":"2016-05-16T05:03:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22153"},"modified":"2016-05-15T15:46:32","modified_gmt":"2016-05-15T20:46:32","slug":"tx2-reasonable-mistake-of-fact-corroborated-by-trial-court-doesnt-warrant-suppression","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22153","title":{"rendered":"TX2: Reasonable mistake of fact, corroborated by trial court, doesn&#8217;t warrant suppression"},"content":{"rendered":"<p>The officer\u2019s mistake of fact here was that one of defendant\u2019s headlights was not working properly, and the trial court looked at the video of the stop several times. It may have been that it was working partially, but the mistake of fact was clearly reasonable, and that won\u2019t form the basis of suppression. <a href=\"http:\/\/www.search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=074b915f-0360-41a8-9e7c-2e58ed935ff6&#038;MediaID=6d5c1fd7-0a5b-4227-ab09-69eac74bea1e&#038;coa=COA02&#038;DT=Opinion\">State v. Torrez<\/a>, 2016 Tex. App. LEXIS 5124 (Tex.App. \u2013 Ft. Worth May 12, 2016).<\/p>\n<p>Defendant\u2019s 2255 claim for \u201cDownward Departure based on Illegal Search &#038; Seizure Illegal Stop; Reversal of Conviction; Withdrawal of Plea\u201d is denied by his waiver in the plea agreement. United States v. Sanchez, 2016 U.S. Dist. LEXIS 63598 (D.N.M. April 5, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer\u2019s mistake of fact here was that one of defendant\u2019s headlights was not working properly, and the trial court looked at the video of the stop several times. It may have been that it was working partially, but the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22153\">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":[1],"tags":[],"class_list":["post-22153","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22153","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=22153"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22153\/revisions"}],"predecessor-version":[{"id":22155,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22153\/revisions\/22155"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22153"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22153"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22153"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}