{"id":57509,"date":"2024-04-02T09:31:40","date_gmt":"2024-04-02T14:31:40","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57509"},"modified":"2024-04-02T09:32:42","modified_gmt":"2024-04-02T14:32:42","slug":"id-stop-based-on-alleged-unconstitutional-regulations-was-in-good-faith-and-not-suppressed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57509","title":{"rendered":"ID: Stop based on alleged unconstitutional regulations was in good faith and not suppressed"},"content":{"rendered":"\n<p>A traffic stop based on allegedly unconstitutional regulations was still reasonable. The officer did nothing wrong. <a href=\"https:\/\/isc.idaho.gov\/opinions\/48808.pdf\">State v. Van Zanten<\/a>, 2024 Ida. LEXIS 34 (Apr. 1, 2024):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>Even if we have a situation where there is somehow a finding that there is &#8212; that the statute is an unconstitutional delegation of legislative authority, we have a situation where the police officer involved, Trooper Grady, is not the person that is going to be charged with making that determination. And to impose the exclusionary rule and suppress evidence based on a later determination by a court after the fact that for some reason the law regulation is unconstitutional does not mean that the evidence is required to be suppressed.<\/p>\n<\/blockquote>\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>Even if this court were to declare that this was an unconstitutional delegation of legislative authority, and even if the traffic stop were based on these allegedly unconstitutional regulations, we&#8217;d have a situation much akin to an arrest that has been made by a police officer under a statute that is later found unconstitutional.<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>A traffic stop based on allegedly unconstitutional regulations was still reasonable. The officer did nothing wrong. State v. Van Zanten, 2024 Ida. LEXIS 34 (Apr. 1, 2024):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-57509","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57509","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=57509"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57509\/revisions"}],"predecessor-version":[{"id":57512,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57509\/revisions\/57512"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57509"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57509"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57509"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}