Heien v. North Carolina: Police Officer Perceptions and Knowledge and Interpretive Lower Court Case Law

• In Event: Perceptions of Justice and Law

Abstract

This empirical study involving legal aspects of policing examines in particular the landmark United States Supreme Court case of Heien v. North Carolina, which found that reasonable mistakes of law by officers can support traffic stops. In particular, police officers’ knowledge and perceptions regarding Heien will be explored using a survey administered to line officers. Key, recent interpretive lower court case law for Heien is also analyzed. For example, overall the category of case law selected appears to confine Heien to mostly traffic stop scenarios, though there may be a few instances of extension of Heien to other Fourth Amendment areas. In addition, several courts have required the underlying traffic or other law to be of a certain nature or quality prior to finding a reasonable officer mistake. Policy implications for criminal justice actors that arise from the survey data as well as the lower court case law will be addressed in detail.

Authors

• Christopher Totten, Kennesaw State University

• Gang Lee, Kennesaw State University

• Michael De Leo, Kennesaw State University