heien
north
carolina
argued
october
decided
december
following
suspicious
vehicle
sergeant
matt
darisse
noticed
one
vehicle
brake
lights
working
pulled
driver
issuing
warning
ticket
broken
brake
light
darisse
became
suspicious
actions
two
occupants
answers
questions
petitioner
nicholas
brady
heien
car
owner
gave
darisse
consent
search
vehicle
darisse
found
cocaine
heien
arrested
charged
attempted
trafficking
trial
denied
heien
motion
suppress
seized
evidence
fourth
amendment
grounds
concluding
vehicle
faulty
brake
light
gave
darisse
reasonable
suspicion
initiate
stop
north
carolina
appeals
reversed
holding
relevant
code
provision
requires
car
equipped
stop
lamp
stat
ann
requires
single
lamp
heien
vehicle
therefore
justification
stop
objectively
unreasonable
reversing
turn
state
held
even
assuming
violation
state
law
occurred
darisse
mistaken
understanding
law
reasonable
thus
stop
valid
held
darisse
mistake
law
reasonable
reasonable
suspicion
justifying
stop
fourth
amendment
pp
fourth
amendment
requires
government
officials
act
reasonably
perfectly
gives
officials
fair
leeway
enforcing
law
brinegar
searches
seizures
based
mistakes
fact
may
reasonable
see
illinois
rodriguez
limiting
factor
mistakes
must
reasonable
men
brinegar
supra
mistakes
law
less
compatible
concept
reasonable
suspicion
arises
understanding
facts
relevant
law
whether
officer
reasonably
mistaken
one
result
facts
outside
scope
law
neither
fourth
amendment
text
precedents
offer
reason
result
acceptable
reached
reasonable
mistake
law
two
centuries
ago
held
reasonable
mistakes
law
like
fact
justify
certificate
probable
cause
riddle
cranch
holding
reiterated
numerous
decisions
although
riddle
fourth
amendment
case
explained
concept
probable
cause
said
carried
fixed
well
known
meaning
fourth
amendment
brinegar
supra
subsequent
decision
undermined
understanding
contrary
conclusion
hard
reconcile
recent
precedent
michigan
defillippo
addressing
validity
arrest
made
criminal
law
later
declared
unconstitutional
held
officers
reasonable
assumption
law
valid
gave
abundant
probable
cause
make
arrest
heien
attempts
recast
defillippo
case
solely
exclusionary
rule
fourth
amendment
defillippo
express
holding
arrest
constitutionally
valid
officers
probable
cause
see
heien
misplaces
reliance
cases
davis
consideration
reasonableness
limited
separate
matter
remedy
whether
fourth
amendment
violation
first
place
heien
contends
rationale
permits
reasonable
errors
fact
extend
reasonable
errors
law
arguing
officers
field
deserve
margin
error
making
factual
assessments
fly
officer
may
however
also
suddenly
confronted
situation
requiring
application
unclear
statute
holding
discourage
officers
learning
law
fourth
amendment
tolerates
objectively
reasonable
mistakes
cf
whren
officer
gain
advantage
poor
study
finally
maxim
ignorance
law
excuse
correctly
implies
state
impose
punishment
based
mistake
law
mean
reasonable
mistake
law
justify
investigatory
stop
pp
little
difficulty
concluding
officer
darisse
error
law
reasonable
north
carolina
vehicle
code
requires
stop
lamp
also
provides
lamp
may
incorporated
unit
one
rear
lamps
stat
ann
originally
equipped
rear
lamps
must
good
working
order
although
state
appeals
held
rear
lamps
include
brake
lights
word
coupled
lack
precedent
interpreting
provision
made
objectively
reasonable
think
faulty
brake
light
constituted
violation
pp
affirmed
roberts
delivered
opinion
scalia
kennedy
thomas
ginsburg
breyer
alito
kagan
joined
kagan
filed
concurring
opinion
ginsburg
joined
sotomayor
filed
dissenting
opinion
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
nicholas
brady
heien
petitioner
north
carolina
writ
certiorari
north
carolina
december
chief
justice
roberts
delivered
opinion
fourth
amendment
prohibits
unreasonable
searches
seizures
standard
search
seizure
may
permissible
even
though
justification
action
includes
reasonable
factual
mistake
officer
might
example
stop
motorist
traveling
alone
vehicle
lane
discover
upon
approaching
car
two
children
slumped
asleep
back
seat
driver
violated
law
neither
officer
violated
fourth
amendment
police
officer
reasonable
mistake
one
fact
law
case
officer
stopped
vehicle
one
two
brake
lights
later
determined
single
working
brake
light
law
required
question
presented
whether
mistake
law
nonetheless
give
rise
reasonable
suspicion
necessary
uphold
seizure
fourth
amendment
hold
officer
mistake
law
reasonable
stop
case
lawful
fourth
amendment
morning
april
sergeant
matt
darisse
surry
county
sheriff
department
sat
patrol
car
near
dobson
north
carolina
observing
northbound
traffic
interstate
shortly
ford
escort
passed
darisse
thought
driver
looked
stiff
nervous
pulled
onto
interstate
began
following
escort
miles
road
escort
braked
approached
slower
vehicle
left
brake
light
came
noting
faulty
right
brake
light
darisse
activated
vehicle
lights
pulled
escort
app
two
men
car
maynor
javier
vasquez
sat
behind
wheel
petitioner
nicholas
brady
heien
lay
across
rear
seat
sergeant
darisse
explained
vasquez
long
license
registration
checked
receive
warning
ticket
broken
brake
light
records
check
revealed
problems
documents
darisse
gave
vasquez
warning
ticket
darisse
become
suspicious
course
stop
vasquez
appeared
nervous
heien
remained
lying
entire
time
two
gave
inconsistent
answers
destination
darisse
asked
vasquez
willing
answer
questions
vasquez
assented
darisse
asked
whether
men
transporting
various
types
contraband
told
darisse
asked
whether
search
escort
vasquez
said
objection
told
darisse
ask
heien
heien
owned
car
heien
gave
consent
darisse
aided
fellow
officer
since
arrived
began
thorough
search
vehicle
side
compartment
duffle
bag
darisse
found
sandwich
bag
containing
cocaine
officers
arrested
men
app
state
charged
heien
attempted
trafficking
cocaine
heien
moved
suppress
evidence
seized
car
contending
stop
search
violated
fourth
amendment
constitution
hearing
officers
testified
state
played
video
recording
stop
trial
denied
suppression
motion
concluding
faulty
brake
light
given
sergeant
darisse
reasonable
suspicion
initiate
stop
heien
subsequent
consent
search
valid
heien
pleaded
guilty
reserved
right
appeal
suppression
decision
app
north
carolina
appeals
reversed
app
initial
stop
valid
held
driving
one
working
brake
light
actually
violation
north
carolina
law
relevant
provision
vehicle
code
provides
car
must
equipped
stop
lamp
rear
vehicle
stop
lamp
shall
display
red
amber
light
visible
distance
less
feet
rear
normal
sunlight
shall
actuated
upon
application
service
foot
brake
stop
lamp
may
incorporated
unit
one
rear
lamps
stat
ann
focusing
statute
references
stop
lamp
stop
lamp
singular
concluded
vehicle
required
one
working
brake
light
heien
vehicle
indisputably
justification
stop
therefore
objectively
unreasonable
stop
violated
fourth
amendment
state
appealed
north
carolina
reversed
noting
state
chosen
seek
review
appeals
interpretation
vehicle
code
north
carolina
assumed
purposes
decision
faulty
brake
light
violation
concluded
several
reasons
sergeant
darisse
reasonably
even
mistakenly
read
vehicle
code
require
brake
lights
good
working
order
notably
nearby
code
provision
requires
originally
equipped
rear
lamps
functional
quoting
stat
ann
sergeant
darisse
mistaken
understanding
vehicle
code
reasonable
stop
valid
officer
may
make
mistake
including
mistake
law
yet
still
act
reasonably
circumstances
hen
officer
acts
reasonably
circumstances
violating
fourth
amendment
north
carolina
remanded
appeals
address
heien
arguments
suppression
issue
appeals
rejected
arguments
affirmed
trial
denial
motion
suppress
app
north
carolina
affirmed
turn
granted
certiorari
ii
fourth
amendment
provides
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
warrants
shall
issue
upon
probable
cause
supported
oath
affirmation
particularly
describing
place
searched
persons
things
seized
traffic
stop
suspected
violation
law
seizure
occupants
vehicle
therefore
must
conducted
accordance
fourth
amendment
brendlin
california
parties
agree
justify
type
seizure
officers
need
reasonable
suspicion
particularized
objective
basis
suspecting
particular
person
stopped
breaking
law
prado
navarette
california
slip
internal
quotation
marks
omitted
question
whether
reasonable
suspicion
rest
mistaken
understanding
scope
legal
prohibition
hold
text
indicates
repeatedly
affirmed
ultimate
touchstone
fourth
amendment
riley
california
slip
internal
quotation
marks
omitted
reasonable
perfect
fourth
amendment
allows
mistakes
part
government
officials
giving
fair
leeway
enforcing
law
community
protection
brinegar
recognized
searches
seizures
based
mistakes
fact
reasonable
warrantless
search
home
instance
reasonable
undertaken
consent
resident
remains
lawful
officers
obtain
consent
someone
reasonably
appears
fact
resident
see
illinois
rodriguez
token
officers
probable
cause
arrest
suspect
mistakenly
arrest
individual
matching
suspect
description
neither
seizure
accompanying
search
arrestee
unlawful
see
hill
california
limit
mistakes
must
reasonable
men
brinegar
supra
reasonable
men
make
mistakes
law
mistakes
less
compatible
concept
reasonable
suspicion
reasonable
suspicion
arises
combination
officer
understanding
facts
understanding
relevant
law
officer
may
reasonably
mistaken
either
ground
whether
facts
turn
thought
law
turns
thought
result
facts
outside
scope
law
reason
text
fourth
amendment
precedents
result
acceptable
reached
way
reasonable
mistake
fact
reached
way
similarly
reasonable
mistake
law
dissent
counters
cases
discussing
probable
cause
reasonable
suspicion
notably
ornelas
contained
scarcely
peep
mistakes
law
post
opinion
sotomayor
surprising
course
since
none
cases
involved
mistake
law
although
recent
cases
address
mistakes
law
older
precedents
fact
cases
dating
back
two
centuries
support
treating
legal
factual
errors
alike
context
customs
statutes
enacted
congress
long
founding
authorized
courts
issue
certificates
indemnifying
customs
officers
damages
suits
premised
unlawful
seizures
see
act
mar
ch
stat
courts
issue
certificates
showing
officer
reasonable
cause
synonym
probable
cause
challenged
seizure
ibid
see
stacey
emery
riddle
cranch
riddle
customs
officer
seized
goods
ground
english
shipper
violated
customs
laws
preparing
invoice
undervalued
merchandise
even
though
american
consignee
declared
true
value
customs
collector
chief
justice
marshall
held
violation
customs
law
whatever
shipper
intention
consignee
actually
attempted
defraud
government
nevertheless
construction
law
liable
question
affirmed
issuance
certificate
probable
cause
doubt
true
construction
law
reasonable
cause
seizure
doubt
respecting
fact
holding
reasonable
mistakes
law
like
fact
justify
certificates
probable
cause
reiterated
number
decisions
see
friendship
cas
cc
mass
story
reindeer
cas
cc
ri
recorder
cas
cc
sdny
civil
war
numerous
cases
captured
vessel
fault
true
construction
law
presented
even
ground
suspicion
yet
captor
exonerated
acted
honest
mistake
law
la
manche
cas
mass
riddle
progeny
directly
point
chief
justice
marshall
construing
fourth
amendment
certificate
probable
cause
functioned
much
like
finding
qualified
immunity
depends
inquiry
distinct
whether
officer
committed
constitutional
violation
see
carroll
carman
ante
per
curiam
chief
justice
marshall
nevertheless
explaining
concept
probable
cause
noted
elsewhere
cases
seizure
fixed
well
known
meaning
imports
seizure
made
circumstances
warrant
suspicion
locke
cranch
said
phrase
probable
cause
bore
fixed
well
known
meaning
fourth
amendment
see
brinegar
supra
riddle
illustrates
encompassed
suspicion
based
reasonable
mistakes
fact
law
decision
two
centuries
since
undermined
contrary
conclusion
hard
reconcile
much
recent
precedent
michigan
defillippo
addressed
validity
arrest
made
criminal
law
later
declared
unconstitutional
detroit
ordinance
authorized
police
officers
stop
question
individuals
suspected
criminal
activity
also
made
offense
individual
refuse
identify
produce
evidence
identity
detroit
police
officers
sent
investigate
report
public
intoxication
arrested
gary
defillippo
failed
identify
search
incident
arrest
uncovered
drugs
defillippo
charged
possession
controlled
substance
michigan
appeals
ordered
suppression
drugs
concluding
identification
ordinance
unconstitutionally
vague
defillippo
arrest
therefore
invalid
accepting
unconstitutionality
ordinance
given
nonetheless
reversed
time
officers
arrested
defillippo
explained
controlling
precedent
ordinance
constitutional
hence
conduct
observed
violated
presumptively
valid
ordinance
acknowledging
outcome
might
different
ordinance
grossly
flagrantly
unconstitutional
concluded
circumstances
abundant
probable
cause
satisfy
constitutional
prerequisite
arrest
officers
wrong
concluding
defillippo
guilty
criminal
offense
declined
identify
later
declared
ordinance
unconstitutional
change
fact
defillippo
conduct
lawful
officers
observed
see
danforth
minnesota
officers
assumption
law
valid
reasonable
observations
gave
abundant
probable
cause
arrest
defillippo
although
defillippo
prosecuted
identification
ordinance
search
turned
drugs
constitutional
heien
struggles
recast
defillippo
case
solely
exclusionary
rule
fourth
amendment
view
officers
mistake
law
resulted
violation
fourth
amendment
suppression
drugs
proper
remedy
say
suppression
evidence
found
defillippo
serve
none
purposes
exclusionary
rule
see
literally
marginal
discussion
displace
express
holding
arrest
constitutionally
valid
officers
probable
cause
see
contrary
heien
suggestion
either
leon
illinois
gates
somehow
erase
holding
transform
defillippo
exclusionary
rule
decision
see
brief
petitioner
leon
said
defillippo
paid
attention
purposes
underlying
exclusionary
rule
also
clarified
involv
scope
rule
gates
justice
white
separate
opinion
joined
justice
discussed
defillippo
acknowledged
defillippo
modify
exclusionary
rule
instead
upheld
validity
arrest
opinion
concurring
judgment
heien
correct
number
decisions
looked
reasonableness
officer
legal
error
course
considering
appropriate
remedy
constitutional
violation
instead
whether
violation
see
davis
slip
exclusionary
rule
illinois
krull
exclusionary
rule
wilson
layne
qualified
immunity
anderson
creighton
qualified
immunity
cases
however
already
found
assumed
fourth
amendment
violation
officer
mistaken
view
conduct
issue
give
rise
violation
matter
reasonable
change
ultimate
conclusion
see
brief
respondent
brief
amicus
curiae
consideration
reasonableness
officer
mistake
therefore
limited
separate
matter
remedy
contrast
mistake
law
relates
antecedent
question
whether
reasonable
officer
suspect
defendant
conduct
illegal
violation
fourth
amendment
first
place
none
cases
heien
dissent
cites
precludes
considering
reasonable
mistake
law
addressing
question
cf
herring
assuming
fourth
amendment
violation
rejecting
application
exclusionary
rule
noting
hen
determination
based
reasonable
mistaken
assumptions
person
subjected
search
seizure
necessarily
victim
constitutional
violation
heien
also
contends
reasons
fourth
amendment
allows
errors
fact
extend
errors
law
officers
field
must
make
factual
assessments
fly
heien
notes
deserve
margin
error
heien
view
margin
appropriate
questions
law
statute
either
requires
one
working
brake
light
two
answer
turn
anything
officer
might
suddenly
confront
field
brief
petitioner
heien
point
consider
reality
officer
may
suddenly
confront
situation
field
application
statute
unclear
however
clear
may
later
become
law
prohibiting
vehicles
park
either
covers
segways
see
scalia
garner
reading
law
interpretation
legal
texts
officer
nevertheless
make
quick
decision
law
first
time
one
whizzes
contrary
suggestion
heien
amici
decision
discourage
officers
learning
law
fourth
amendment
tolerates
reasonable
mistakes
mistakes
whether
fact
law
must
objectively
reasonable
examine
subjective
understanding
particular
officer
involved
cf
whren
inquiry
forgiving
one
employed
distinct
context
deciding
whether
officer
entitled
qualified
immunity
constitutional
statutory
violation
thus
officer
gain
fourth
amendment
advantage
sloppy
study
laws
enforce
finally
heien
amici
point
maxim
ignorance
law
excuse
contend
fundamentally
unfair
let
police
officers
get
away
mistakes
law
citizenry
accorded
leeway
though
argument
certain
rhetorical
appeal
misconceives
implication
maxim
true
symmetry
individual
generally
escape
criminal
liability
based
mistaken
understanding
law
government
impose
criminal
liability
based
mistaken
understanding
law
law
required
two
working
brake
lights
heien
escape
ticket
claiming
reasonably
thought
needed
one
law
required
one
sergeant
darisse
issue
valid
ticket
claiming
reasonably
thought
drivers
needed
two
mistakes
law
justify
either
imposition
avoidance
criminal
liability
follow
justify
investigatory
stop
heien
appealing
ticket
appealing
conviction
asserted
mistake
fact
law
iii
little
difficulty
concluding
officer
error
law
reasonable
although
north
carolina
statute
issue
refers
stop
lamp
suggesting
need
single
working
brake
light
also
provides
stop
lamp
may
incorporated
unit
one
rear
lamps
stat
ann
emphasis
added
use
suggests
everyday
reader
english
stop
lamp
type
rear
lamp
another
subsection
provision
requires
vehicles
originally
equipped
rear
lamps
equivalent
good
working
order
arguably
indicating
vehicle
multiple
stop
lamp
must
functional
north
carolina
appeals
concluded
rear
lamps
discussed
subsection
include
brake
lights
given
least
reasonable
think
majority
dissent
north
carolina
concluded
agree
see
hudson
dissenting
calling
appeals
decision
surprising
stop
lamp
provision
moreover
never
previously
construed
north
carolina
appellate
courts
see
majority
opinion
thus
objectively
reasonable
officer
sergeant
darisse
position
think
heien
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violation
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carolina
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law
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reasonable
suspicion
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judgment
north
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kagan
concurring
nicholas
brady
heien
petitioner
north
carolina
writ
certiorari
north
carolina
december
justice
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ginsburg
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amendment
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carolina
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brady
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north
carolina
writ
certiorari
north
carolina
december
justice
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carolina
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carolina
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carolina
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