{"id":37908,"date":"2019-05-31T06:33:14","date_gmt":"2019-05-31T11:33:14","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=37908"},"modified":"2019-05-31T06:47:53","modified_gmt":"2019-05-31T11:47:53","slug":"dc-to-get-the-benefit-of-heien-mistake-of-law-there-has-to-be-something-that-shows-the-law-mistakenly-applied-actually-applied-and-here-it-didnt","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=37908","title":{"rendered":"DC: To get the benefit of <em>Heien<\/em> mistake of law, there has to be something that shows the law mistakenly applied actually applied, and here it didn&#8217;t"},"content":{"rendered":"<p>A D.C. police car stopped, backed up, and four officers got out of the car, walked over to defendant, and told him to \u201cget up.\u201d A reasonable person would not have believed he was free to leave, and this stop was without reasonable suspicion. The result of the stop should have been suppressed. Heien provides the government no relief: The government argued that there was a reasonable mistake of law, but there was nothing shown that the law attempted to be mistakenly applied was even close to being satisfied. <a href=\"https:\/\/www.dccourts.gov\/sites\/default\/files\/2019-05\/17-CF-1382.pdf\">Hooks v. United States<\/a>, 2019 D.C. App. LEXIS 199 (May 30, 2019).<\/p>\n<p>Petitioner\u2019s 2255 for ineffective assistance of counsel in not filing a motion to suppress fails because he fails to show how the Fourth Amendment was violated in his case. Bowman v. United States, 2019 U.S. Dist. LEXIS 90710 (N.D. Ohio May 30, 2019).*<\/p>\n<p>Defendant\u2019s post-conviction petition alleges he didn\u2019t ever see a search warrant, but this tell the court nothing about whether the search was unreasonable. United States v. Rhodes, 2019 U.S. Dist. LEXIS 88692 (W.D. Pa. May 28, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A D.C. police car stopped, backed up, and four officers got out of the car, walked over to defendant, and told him to \u201cget up.\u201d A reasonable person would not have believed he was free to leave, and this stop &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=37908\">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":[11,23,63],"tags":[],"class_list":["post-37908","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-ineffective-assistance","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37908","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=37908"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37908\/revisions"}],"predecessor-version":[{"id":37911,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37908\/revisions\/37911"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37908"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37908"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37908"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}