{"id":56029,"date":"2023-10-11T09:02:47","date_gmt":"2023-10-11T14:02:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56029"},"modified":"2023-10-16T20:33:27","modified_gmt":"2023-10-17T01:33:27","slug":"n-d-ala-whether-dtf-officer-could-make-speeding-stops-was-a-reasonable-mistake-of-law-under-heien","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56029","title":{"rendered":"N.D.Ala.: Whether DTF officer could make speeding stops was a reasonable mistake of law under <em>Heien<\/em>"},"content":{"rendered":"\n<p>The task force officer involved allegedly wasn\u2019t authorized to make speeding traffic stops, but this was a reasonable mistake of law under Heien. United States v. Shepherd, 2023 U.S. Dist. LEXIS 181976 (N.D. Ala. Oct. 10, 2023).<\/p>\n\n\n\n<p>The bulge in defendant\u2019s pants was clearly a gun. The minor discrepancies in the testimony of the two officers doesn\u2019t undermine the district court\u2019s credibility determination. The discrepancies were over something rapidly evolving over a minute. United States v. Goss, 2023 U.S. App. LEXIS 26848 (11th Cir. Oct. 10, 2023).*<\/p>\n\n\n\n<p>Defendant was the subject of a state search warrant, and it didn\u2019t have to comply with Rule 41 even with DEA task force officers involved. Oklahoma law authorized state court judges to issue tracking warrants on defendant\u2019s vehicle. United States v. Ramirez-Flores, 2023 U.S. Dist. LEXIS 181716 (N.D. Okla. Oct. 10, 2023).*<\/p>\n\n\n\n<p>Despite a minor discrepancy in shirt color, defendant was the only person around at the time of the tip about the crime, and he matched the description. United States v. Delima, 2023 U.S. Dist. LEXIS 181893 (D. Vt. Oct. 10, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The task force officer involved allegedly wasn\u2019t authorized to make speeding traffic stops, but this was a reasonable mistake of law under Heien. United States v. Shepherd, 2023 U.S. Dist. LEXIS 181976 (N.D. Ala. Oct. 10, 2023). The bulge in &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56029\">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":[15,35,63,112],"tags":[],"class_list":["post-56029","post","type-post","status-publish","format-standard","hentry","category-f-r-crim-p-41","category-reasonable-suspicion","category-reasonableness","category-tracking-warrant"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56029","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=56029"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56029\/revisions"}],"predecessor-version":[{"id":56069,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56029\/revisions\/56069"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56029"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56029"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56029"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}