Legal Opinion · Dissent

United States v. Nicholson

Court of Appeals for the Tenth Circuit

Decided July 12, 2013No. 11-2169Published

1DissentGorsuch, Circuit Judge

What should the court do when an officer detains an individual based on what later turns out to be a mistaken — but rea*1247sonable — belief that the law’s been broken? My colleagues suggest that an investigative detention resting on an officer’s mistake of law always violates the Fourth Amendment — even when the law at issue is deeply ambiguous and the officer’s interpretation entirely reasonable. Having found a Fourth Amendment violation, they proceed to order the suppression of all evidence found during the detention and direct the dismissal of all charges. Respectfully, I have my doubts.

Jesse…

2Cases cited41 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Pearson v. CallahanSupreme Court of the United States · 2009
  4. Daniels v. WilliamsSupreme Court of the United States · 1986
  5. Ornelas v. United StatesSupreme Court of the United States · 1996

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