From anything from a DUI arrest to a drug or weapons charge, many cases start with a police stop, and evidence collected at that stop could have a great influence on the outcome of a case. So what happens if a misperception or misunderstanding of the law led to a traffic stop? Is the evidence found at that stop allowed in court, or can it get tossed out? It could depend on the type of mistake the officer committed. Generally speaking, there are two types of mistakes, an error either of fact, or of law.

If a police stop is based on a mistake of fact, any evidence collected from that stop might still be allowed in a trial. For example, let's say an officer pulls someone over because they think a crack in the windshield is so big that it is illegal to drive in that condition. It turns out that there is crack, but not one as large as the officer had first thought, but the officer also sees an open container of alcohol in the front seat and makes an arrest. It was a reasonable error, however, and so the evidence gathered would be allowed in court in that case. This is known as the "good faith exception" to search and seizure laws.

But what if it was a mistake of law? Let's take real life examples. In one case, an officer pulled a driver over for incorrect turn signal use, and during the stop, the officer discovered a firearm. But the police stop turned out to be invalid, because the officer misapplied the law. The driver was stopped for using a turn signal while navigating a curve in the road, with nowhere to actually turn into. That was not illegal, however. This was a mistake of law, and the uncovering of the gun was proof that was thrown out of court.

A mistake of law will not always get evidence thrown out, however. In another real case, two deputies saw a car going at around 65 mph in a construction area with a general speed limit of 70 mph but a posted limit of 60 mph. The officers conducted a traffic stop, and while so doing, observed marijuana in the front seat. But it was evening and no construction was underway and the driver was under the general speed limit; the stop was a mistake in law. But a court deemed the error to be a reasonable one, and so the evidence of the marijuana was still allowed in the court.

As complex as it can be, it is vital that you understand what your legal rights are. Learn how you can preserve your constitutional rights when you work with a criminal defense attorney. You need to get time on your side, so do not wait to find the legal advocate you deserve today!