State v. Sutherland

This Court has acknowledged that a reasonable mistake of fact on the part of a police officer will not render a search or arrest predicated on that mistake unconstitutional. See State v. Handy, 206 N.J. 39, 53-54, 18 A.3d 179 (2011). In this matter, a police officer pulled over a car under the belief that the vehicle was in violation of N.J.S.A. 39:3-61(a) and -66 because one of the vehicle’s taillights was not operational. The trial court determined that the officer was mistaken about the law and granted defendant’s motion to suppress the fruits of the motor vehicle stop. The Appellate…