Constitutional Law—Evidence Seized Based on Reasonable Police Mistake of Law Held Admissible in North Carolina Court—State v. Heien, 737 S.E.2d 351 (N.C. 2012)

Under established constitutional law, a police officer’s search or seizure premised on his mistake of law is typically held unconstitutional. Some jurisdictions, however, permit an officer to base his reasonable suspicion or probable cause on a reasonable mistake concerning an ambiguous or confusing law to justify a traffic stop. In State v. Heien, the North Carolina Supreme Court considered as a matter of first impression whether a police officer’s reasonable mistake of law concerning the defendant’s one malfunctioning brake light could provide the reasonable suspicion necessary to stop and subsequently search his vehicle. . . .