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| (image courtesy of www.nydailynews.com) |
A POLICE OFFICER'S "REASONABLE MISTAKE OF LAW" STILL IS PROBABLE CAUSE TO STOP A CAR
This case was decided 2 days ago ---APRIL 7, 2015. People v. Guthrie, 2015 NY Slip Op 02867 (for you lawyers out there on the interwebs).
FULL CASE CAN BE READ HERE
The State of New York's HIGHEST COURT (the Court of Appeals) has shaken every NY citizen's 4th amendment rights that a police officer must have "probable cause" to stop a car. Now, even if the police officer is MISTAKEN ABOUT A LAW BEING BROKEN, the officer will still have "probable cause" to stop the car.
I have already blogged about what it takes to stop a car in NY. See POST HERE
WHAT DOES THIS MEAN?
Well, it means, now more than ever, it will be much less likely to have evidence suppressed in a DWI case based on a police officer's lack of probable cause to stop your car.
Even before this case, the police are given probable cause almost effortlessly because they can use ANY TRAFFIC INFRACTION THAT THEY OBSERVE (or lie about) to create the necessary probable cause to stop any vehicle in NY. It wasn't hard before this week.
In the case decided 2 days ago, Guthrie, a woman was stopped by the police leaving a supermarket parking lot onto a public road. At the edge of the parking lot was a stop sign. The woman did not stop. Therefore, the police officer stopped the car for running the stop sign --and discovered evidence of drunk driving.
However, the stop sign at the edge of the parking lot was NOT OFFICIALLY REGISTERED WITH THE CITY and was not a valid stop sign under the Vehicle and Traffic Law. So two courts suppressed the stop and all evidence that came afterwards. Until the Court of Appeals reversed the decision. Now, the stop is deemed valid (with probable cause), so the DWI charges and evidence found are valid.
Basically, in a nutshell, the Court of Appeals decided that the Officer reasonably relied on the Stop sign being a valid, real Stop sign --and upheld the probable cause.
The Court did rule that the ticket for failure to stop could not be prosecuted--because the stop sign was not valid.
WHAT'S THE BIG DEAL?
Unfortunately, it doesn't end with a single stop sign. The Court of Appeals decision has far reaching implications. Now, as long as the People can prove that the officer "made an objectively reasonable mistake of law" the suspect probable cause can be upheld...
Under the Guthrie ruling of this week, if a police officer stops your car even when there was no law to do so--and finds evidence of OTHER CRIME--and the Court finds the officer acted "objectively reasonable" under the circumstances in stopping your car---then the stop will be justified as having probable cause--even if the underlying traffic ticket cannot be prosecuted.
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THE POWERFUL DISSENT
Judge Rivera dissented in the opinion of the Court....here are the highlights:
-mistakes of law cannot provide the requisite probable cause for reasonable search and seizure
-this decision DISINCENTIVIZES the police to actually know the law they are meant to enforce
-evidence that is obtained without probable cause SHOULD BE SUPPRESSED
-courts will have a hard time determining what is "objectively reasonable"
-Up to now, NY law has been clear that mistakes of fact are OK, but mistakes of law are never sufficient to establish probable cause
-society relies on a police officer to enforce what the law says, not an officer's mistaken belief
-a bright line rule is better (i.e. mistakes of law are bad) and provides incentive for officers to know the law they're charged to enforce
-this decision "places in question the integrity of our criminal justice sytem"
--SUMMARY THOUGHTS--
The police already had tons of authority to pull people over in NY. Now, it appears there is very little indeed that they cannot do when you're in a car. The law in NY is now shaken as to what evidence can be suppressed in an improper traffic stop.
This means that more people will be punished when they break the law--even if the police don't even KNOW THE LAW. That doesn't put any more faith in our already flawed justice system...
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
Twitter: @ithacadwi
