Abstract

http://ssrn.com/abstract=1785729
 
 

Citations (1)



 
 

Footnotes (273)



 


 



Police Mistakes of Law


Wayne A. Logan


Florida State University - College of Law

October 7, 2011

Emory Law Journal, Vol. 61, 2012
FSU College of Law, Public Law Research Paper No. 490

Abstract:     
This Article addresses something that most Americans would consider a constitutional impossibility: police officers stopping or arresting individuals for lawful behavior and courts deeming such seizures reasonable for Fourth Amendment purposes, thereby precluding application of the exclusionary rule. Today, however, an increasing number of courts excuse what they consider “reasonable” police mistakes of law, typically concerning petty offenses, and permit evidence secured as a result to support prosecutions for actual yet more serious offenses (usually relating to guns or drugs). The Article surveys the important rule of law, separation of powers, and legislative accountability reasons supporting continued judicial adherence to the historic no-excuse position. In so doing it illuminates the central role that police play as interpreters - not merely enforcers - of the law, a role to date ignored by courts and commentators.

Number of Pages in PDF File: 42

Keywords: Fourth Amendment, mistake of law, search and seizure

Accepted Paper Series





Download This Paper

Date posted: March 19, 2011 ; Last revised: November 17, 2011

Suggested Citation

Logan, Wayne A., Police Mistakes of Law (October 7, 2011). Emory Law Journal, Vol. 61, 2012; FSU College of Law, Public Law Research Paper No. 490. Available at SSRN: http://ssrn.com/abstract=1785729

Contact Information

Wayne A. Logan (Contact Author)
Florida State University - College of Law ( email )
425 W. Jefferson Street
Tallahassee, FL 32306
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,264
Downloads: 209
Download Rank: 85,425
Citations:  1
Footnotes:  273

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.485 seconds