State v. Greer

Fain, Judge.

The issue in this case is whether the application of the exclusionary rule may be avoided with respect to evidence obtained by a police officer as a result of an investigative stop based upon conduct observed by the officer that the officer mistakenly, but reasonably, believes to constitute a violation of law. The trial court excluded the evidence, and the state appeals. We conclude that in a limited class of circumstances, including the circumstances in this case, the application of the exclusionary rule may be avoided with respect to evidence obtained as a result of an…