Contracts Mutual mistake of law
A police officer's mistake of law - that a motorist's rear view mirror pendant violated the traffic laws - doesn't necessarily render a traffic stop illegal, the 3rd Circuit has ruled. A state trooper pulled over a vehicle after noticing the pendant. The officer thought that anything hanging from a rear view mirror violated Pennsylvania law, although the statute actually only banned items that "materially obstructed" the driver's view.
The Industrial Commission properly exercised its continuing jurisdiction based on a mistake of law where the evidence the staff hearing officer cited to support reinstatement of temporary total disability compensation did not support a worsening of the conditions since the time or near the time temporary total disability compensation was terminated based on maximum medical improvement grounds, as relator's own testimony concerning the worsening conditions was not evidence on which the commission could rely.
Evidence against a drunk driver must be suppressed because it was obtained after police mistakenly stopped her for a U-turn violation, the Iowa Supreme Court has ruled in affirming a suppression order. The defendant failed a blood alcohol test after police stopped her for the U-turn violation.
Sex discrimination law should recognize that sexual differences are not essential biological differences, but take their meaning from social norms. Furthermore, a right to gender determination apart from biological sex should be recognized as part of equality jurisprudence. The current law reifies norms of masculinity and femininity by regarding them as results of biological sexual differences and thus tends to perpetuate sexual inequality. The meaning of sexual identity and the wrong of sex discrimination need to be reconceptualized according to a behavioral or performative, rather than biological, notion of sex.
A deputy's mistaken belief that a Mexican driver's license did not permit the defendant to drive in the U.S. could not support a one-half-hour wait between an initial, valid traffic stop and a consented-to search of the vehicle, the 6th Circuit has ruled. The deputy pulled the Hispanic defendant over after observing his vehicle swerving between lanes. He noticed it also had an expired registration tag.
A teleological rather than an ontological approach to computer source code provides the best frame of reference for deciding First Amendment protection issues of code. The ontological approach raises questions about the nature of speech. The teleological approach aims to establish whether the conduct under consideration may be related to the rights of free expression. The teleological approach would not distinguish between modes of expression and would demand no separate law of software.
Traffic stop; reasonable, articulable suspicion; probable cause; good faith; mistake of law
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