NOTICE: This opinion is subject to formal revision before
publication in the preliminary print of the United States
Reports. Readers are requested to notify the Reporter of Decisions,
Supreme Court of the United States, Washington, D. C. 20543,
of any typographical or other formal errors, in order that
corrections may be made before the preliminary print goes to
press.
SUPREME COURT OF THE UNITED STATES
_________________
No. 13–604
_________________
NICHOLAS BRADY HEIEN, PETITIONER
v. NORTH CAROLINA
on writ of certiorari to the supreme court of north carolina
[December 15, 2014]
Chief Justice Roberts delivered the opinion of the
Court.
The Fourth Amendment prohibits “unreasonable searches and
seizures.” Under this standard, a search or seizure may be
permissible even though the justification for the action includes a
reasonable factual mistake. An officer might, for example, stop a
motorist for traveling alone in a high-occupancy vehicle lane, only
to discover upon approaching the car that two children are slumped
over asleep in the back seat. The driver has not violated the law,
but neither has the officer violated the Fourth Amendment.
But what if the police officer’s reasonable mistake is not one
of fact but of law? In this case, an officer stopped a vehicle
because one of its two brake lights was out, but a court later
determined that a single working brake light was all the law
required. The question presented is whether such a mistake of law
can nonetheless give rise to the reasonable suspicion necessary to
uphold the seizure under the Fourth Amendment. We hold that it can.
Because the officer’s mistake about the brake-light law was
reasonable, the stop in this case was lawful under the Fourth
Amendment.
I
On the morning of April 29, 2009, Sergeant Matt Da-risse of the
Surry County Sheriff’s Department sat in his patrol car near
Dobson, North Carolina, observing northbound traffic on Interstate
77. Shortly before 8 a.m., a Ford Escort passed by. Darisse thought
the driver looked “very stiff and nervous,” so he pulled onto the
interstate and began following the Escort. A few miles down the
road, the Escort braked as it approached a slower vehicle, but only
the left brake light came on. Noting the faulty right brake light,
Darisse activated his vehicle’s lights and pulled the Escort over.
App. 4–7, 15–16.
Two men were in the car: Maynor Javier Vasquez sat behind the
wheel, and petitioner Nicholas Brady Heien lay across the rear
seat. Sergeant Darisse explained to Vasquez that as long as his
license and registration checked out, he would receive only a
warning ticket for the broken brake light. A records check revealed
no problems with the documents, and Darisse gave Vasquez the
warning ticket. But Darisse had become suspicious during the course
of the stop—Vasquez appeared nervous, Heien remained lying down the
entire time, and the two gave inconsistent answers about their
destination. Darisse asked Vasquez if he would be willing to answer
some questions. Vasquez assented, and Darisse asked whether the men
were transporting various types of contraband. Told no, Darisse
asked whether he could search the Escort. Vasquez said he had no
objection, but told Darisse he should ask Heien, because Heien
owned the car. Heien gave his consent, and Darisse, aided by a
fellow officer who had since arrived, began a thorough search of
the vehicle. In the side compartment of a duffle bag, Darisse found
a sandwich bag containing cocaine. The officers arrested both men.
366 N. C. 271, 272–273, 737 S. E. 2d 351, 352–353 (2012);
App. 5–6, 25, 37.
The State charged Heien with attempted trafficking in cocaine.
Heien moved to suppress the evidence seized from the car,
contending that the stop and search had violated the Fourth
Amendment of the United States Constitution. After a hearing at
which both officers testified and the State played a video
recording of the stop, the trial court denied the suppression
motion, concluding that the faulty brake light had given Sergeant
Darisse reasonable suspicion to initiate the stop, and that Heien’s
subsequent consent to the search was valid. Heien pleaded guilty
but reserved his right to appeal the suppression decision. App. 1,
7–10, 12, 29, 43–44.
The North Carolina Court of Appeals reversed. 214 N. C.
App. 515, 714 S. E. 2d 827 (2011). The initial stop was not valid,
the court held, because driving with only one working brake light
was not actually a violation of North Carolina law. The relevant
provision of the vehicle code provides that a car must be
“equipped with a stop lamp on the rear of the vehicle. The stop
lamp shall display a red or amber light visible from a distance of
not less than 100 feet to the rear in normal sunlight, and shall be
actuated upon application of the service (foot) brake. The stop
lamp may be incorporated into a unit with one or moreother rear
lamps.” N. C. Gen. Stat. Ann. §20–129(g) (2007).
Focusing on the statute’s references to “a stop lamp” and “[t]he
stop lamp” in the singular, the court concluded that a vehicle is
required to have only one working brake light—which Heien’s vehicle
indisputably did. The justification for the stop was therefore
“objectively unreason-able,” and the stop violated the Fourth
Amendment. 214 N. C. App., at 518–522, 714 S. E. 2d, at
829–831.
The State appealed, and the North Carolina Supreme Court
reversed. 366 N. C. 271, 737 S. E. 2d 351. Noting that
the State had chosen not to seek review of the Court of Appeals’
interpretation of the vehicle code, the North Carolina Supreme
Court assumed for purposes of its decision that the faulty brake
light was not a violation.
Id., at 275, 737 S. E. 2d,
at 354. But the court concluded that, for several reasons, Sergeant
Darisse could have reasonably, even if mistakenly, read the vehicle
code to require that both brake lights be in good working order.
Most notably, a nearby code provision requires that “all originally
equipped rear lamps” be functional.
Id., at 282–283, 737
S. E. 2d, at 358–359 (quoting N. C. Gen. Stat. Ann.
§20–129(d)). Because Sergeant Darisse’s mistaken understanding of
the vehicle code was reasonable, the stop was valid. “An officer
may make a mistake, including a mistake of law, yet still act
reasonably under the circumstances. . . . [W]hen an officer acts
reasonably under the circumstances, he is not violating the Fourth
Amendment.”
Id., at 279, 737 S. E. 2d, at 356.
The North Carolina Supreme Court remanded to the Court of
Appeals to address Heien’s other arguments for suppression (which
are not at issue here).
Id., at 283, 737 S. E. 2d, at
359. The Court of Appeals rejected those arguments and affirmed the
trial court’s denial of his motion to suppress. ___ N. C. App.
___, 741 S. E. 2d 1 (2013). The North Carolina Supreme Court
affirmed in turn. 367 N. C. 163, 749 S. E. 2d 278 (2013).
We granted certiorari. 572 U. S. ___ (2014).
II
The Fourth Amendment provides:
“The right of the people to be secure in their persons, houses,
papers, and effects, against unreason-able searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to
be seized.”
A traffic stop for a suspected violation of law is a “seizure”
of the occupants of the vehicle and therefore must be conducted in
accordance with the Fourth Amendment.
Brendlin v.
California, 551 U. S. 249 –259 (2007). All parties
agree that to justify this type of seizure, officers need only
“reasonable suspicion”—that is, “a particularized and objective
basis for suspecting the particular person stopped” of breaking the
law.
Prado Navarette v.
California, 572 U. S.
___, ___ (2014) (slip op., at 3) (internal quotation marks
omitted). The question here is whether reasonable suspicion can
rest on a mistaken understanding of the scope of a legal
prohibition. We hold that it can.
As the text indicates and we have repeatedly affirmed, “the
ultimate touchstone of the Fourth Amendment is
‘reasonableness.’ ”
Riley v.
California, 573
U. S. ___, ___ (2014) (slip op., at 5) (some internal
quotation marks omitted). To be reasonable is not to be perfect,
and so the Fourth Amendment allows for some mistakes on the part of
government officials, giving them “fair leeway for enforcing the
law in the community’s protection.”
Brinegar v.
United
States, 338 U. S. 160, 176 (1949) . We have recognized
that searches and seizures based on mistakes of fact can be
reasonable. The warrantless search of a home, for instance, is
reasonable if undertaken with the consent of a resident, and
remains lawful when officers obtain the consent of someone who
reasonably appears to be but is not in fact a resident. See
Illinois v.
Rodriguez, 497 U. S. 177 –186
(1990). By the same token, if officers with probable cause to
arrest a suspect mistakenly arrest an individual matching the
suspect’s description, neither the seizure nor an accompanying
search of the arrestee would be unlawful. See
Hill v.
California, 401 U. S. 797 –805 (1971). The limit is
that “the mistakes must be those of reasonable men.”
Brinegar,
supra, at 176.
But reasonable men make mistakes of law, too, and such mistakes
are no less compatible with the concept of reasonable suspicion.
Reasonable suspicion arises from the combination of an officer’s
understanding of the facts and his understanding of the relevant
law. The officer may be reasonably mistaken on either ground.
Whether the facts turn out to be not what was thought, or the law
turns out to be not what was thought, the result is the same: the
facts are outside the scope of the law. There is no reason, under
the text of the Fourth Amendment or our precedents, why this same
result should be acceptable when reached by way of a reasonable
mistake of fact, but not when reached by way of a similarly
reasonable mistake of law.
The dissent counters that our cases discussing probable cause
and reasonable suspicion, most notably
Ornelas v.
United
States, 517 U. S. 690 –697 (1996), have contained
“scarcely a peep” about mistakes of law.
Post, at 2–3
(opinion of Sotomayor, J.). It would have been surprising, of
course, if they had, since none of those cases involved a mistake
of law.
Although such recent cases did not address mistakes of law,
older precedents did. In fact, cases dating back two centuries
support treating legal and factual errors alike in this context.
Customs statutes enacted by Congress not long after the founding
authorized courts to issue certificates indemnifying customs
officers against damages suits premised on unlawful seizures. See,
e.g., Act of Mar. 2, 1799, ch. 22, §89, 1Stat. 695–696.
Courts were to issue such certificates on a showing that the
officer had “reasonable cause”—a synonym for “probable cause”—for
the challenged seizure.
Ibid.; see
Stacey v.
Emery, 97 U. S. 642, 646 (1878);
United States
v.
Riddle, 5 Cranch 311 (1809). In
United States v.
Riddle, a customs officer seized goods on the ground that
the English shipper had violated the customs laws by preparing an
invoice that undervalued the merchandise, even though the American
consignee declared the true value to the customs collector. Chief
Justice Marshall held that there had been no violation of the
customs law because, whatever the shipper’s intention, the
consignee had not actually attempted to defraud the Government.
Nevertheless, because “the construction of the law was liable to
some question,” he affirmed the issuance of a certificate of
probable cause: “A doubt as to the true construction of the
law is as reasonable a cause for seizure as a doubt
respecting the fact.”
Id., at 313.
This holding—that reasonable mistakes of law, like those of
fact, would justify certificates of probable cause—was reiterated
in a number of 19th-century decisions. See,
e.g., The
Friendship, 9 F. Cas. 825, 826 (No. 5,125) (CC Mass. 1812)
(Story, J.);
United States v.
The Reindeer, 27
F. Cas. 758, 768 (No. 16,145) (CC RI 1848);
United
States v.
The Recorder, 27 F. Cas. 723 (No. 16,130)
(CC SDNY 1849). By the Civil War, there had been “numerous cases in
which [a] captured vessel was in no fault, and had not, under a
true construction of the law, presented even ground of suspicion,
and yet the captor was exonerated because he acted under an honest
mistake of the law.”
The La Manche, 14 F. Cas. 965, 972
(No. 8,004) (D Mass. 1863).
Riddle and its progeny are not directly on point. Chief
Justice Marshall was not construing the Fourth Amendment, and a
certificate of probable cause functioned much like a modern-day
finding of qualified immunity, which depends on an inquiry distinct
from whether an officer has committed a constitutional violation.
See,
e.g., Carroll v.
Carman,
ante, at
7 (
per curiam). But Chief Justice Marshall was nevertheless
explaining the concept of probable cause, which, he noted
elsewhere, “in all cases of seizure, has a fixed and well known
meaning. It imports a seizure made under circumstances which
warrant suspicion.”
Locke v.
United States, 7 Cranch
339, 348 (1813). We have said the phrase “probable cause” bore this
“fixed and well known meaning” in the Fourth Amendment, see
Brinegar,
supra, at 175, and n. 14, and
Riddle illustrates that it encompassed suspicion based on
reasonable mistakes of both fact and law. No decision of this Court
in the two centuries since has undermined that
understanding.[
1]
The contrary conclusion would be hard to reconcile with a much
more recent precedent. In
Michigan v.
DeFillippo, 443
U. S. 31 (1979) , we addressed the validity of an arrest made
under a criminal law later declared unconstitu-tional. A Detroit
ordinance that authorized police officers to stop and question
individuals suspected of criminal activ-ity also made it an offense
for such an individual “to refuse to identify himself and produce
evidence of his identity.”
Id., at 33. Detroit police
officers sent to investigate a report of public intoxication
arrested Gary DeFillippo after he failed to identify himself. A
search incident to arrest uncovered drugs, and DeFillippo was
charged with possession of a controlled substance. The Michigan
Court of Appeals ordered the suppression of the drugs, concluding
that the identification ordinance was unconstitutionally vague and
that DeFillippo’s arrest was therefore invalid.
Id., at
34–35.
Accepting the unconstitutionality of the ordinance as a given,
we nonetheless reversed. At the time the officers arrested
DeFillippo, we explained, “there was no controlling precedent that
this ordinance was or was not constitutional, and hence the conduct
observed violated a presumptively valid ordinance.”
Id., at
37. Acknowledging that the outcome might have been different had
the ordinance been “grossly and flagrantly unconstitutional,” we
concluded that under the circumstances “there was abundant probable
cause to satisfy the constitutional prerequisite for an arrest.”
Id., at 37–38.
The officers were wrong in concluding that DeFillippo was guilty
of a criminal offense when he declined to iden-tify himself. That a
court only
later declared the ordinance unconstitutional
does not change the fact that DeFillippo’s conduct was lawful when
the officers observed it. See
Danforth v.
Minnesota,
552 U. S. 264, 271 (2008) . But the officers’ assumption that
the law was valid was reason-able, and their observations gave them
“abundant probable cause” to arrest DeFillippo. 443 U. S., at
37. Although DeFillippo could not be prosecuted under the
identifica-tion ordinance, the search that turned up the drugs was
constitutional.
Heien struggles to recast
DeFillippo as a case solely
about the exclusionary rule, not the Fourth Amendment itself. In
his view, the officers’ mistake of law resulted in a violation the
Fourth Amendment, but suppression of the drugs was not the proper
remedy. We did say in a footnote that suppression of the evidence
found on DeFillippo would serve none of the purposes of the
exclusionary rule. See
id., at 38, n. 3. But that
literally marginal discussion does not displace our express holding
that the arrest was constitutionally valid because the officers had
probable cause. See
id., at 40. Nor, contrary to Heien’s
suggestion, did either
United States v.
Leon, 468
U. S. 897 (1984) , or
Illinois v.
Gates, 462
U. S. 213 (1983) , somehow erase that holding and transform
DeFillippo into an exclusionary rule decision. See Brief for
Petitioner 28–29. In
Leon, we said
DeFillippo paid
“attention to the purposes underlying the exclusionary rule,” but
we also clarified that it did “not involv[e] the scope of the rule
itself.” 468 U. S., at 911–912. As for
Gates, only
Justice White’s separate opinion (joined by no other Justice)
discussed
DeFillippo, and it acknowledged that
“
DeFillippo did not modify the exclusionary rule itself” but
instead “upheld the validity of an arrest.” 462 U. S., at 256,
n. 12 (opinion concurring in judgment).
Heien is correct that in a number of decisions we have looked to
the reasonableness of an officer’s legal error in the course of
considering the appropriate remedy for a constitutional violation,
instead of whether there was a violation at all. See,
e.g.,
Davis v.
United States, 564 U. S. ___, ___
(2011) (slip op., at 11) (exclusionary rule);
Illinois v.
Krull, 480 U. S. 340 –360 (1987) (exclusionary rule);
Wilson v.
Layne, 526 U. S. 603, 615 (1999)
(qualified immunity);
Anderson v.
Creighton, 483
U. S. 635, 641 (1987) (qualified immunity). In those cases,
however, we had already found or assumed a Fourth Amendment
violation. An officer’s mistaken view that the conduct at issue did
not give rise to such a violation—no matter how
reason-able—could not change that ultimate conclusion. See Brief
for Respondent 29–31; Brief for United States as
Amicus
Curiae 30, n. 3. Any consideration of the reasonableness
of an officer’s mistake was therefore limited to the separate
matter of remedy.
Here, by contrast, the mistake of law relates to the antecedent
question of whether it was reasonable for an officer to suspect
that the defendant’s conduct was illegal. If so, there was no
violation of the Fourth Amendment in the first place. None of the
cases Heien or the dissent cites precludes a court from considering
a reasonable mistake of law in addressing that question. Cf.
Herring v.
United States, 555 U. S. 135, 139
(2009) (assuming a Fourth Amendment violation while rejecting
application of the exclusionary rule, but noting that “[w]hen a
probable-cause determination was based on reasonable but mis-taken
assumptions, the person subjected to a search or seizure has not
necessarily been the victim of a constitutional violation”).
Heien also contends that the reasons the Fourth Amendment allows
some errors of fact do not extend to errors of law. Officers in the
field must make factual assessments on the fly, Heien notes, and so
deserve a margin of error. In Heien’s view, no such margin is
appropriate for questions of law: The statute here either requires
one working brake light or two, and the answer does not turn on
anything “an officer might suddenly confront in the field.” Brief
for Petitioner 21. But Heien’s point does not consider the reality
that an officer may “suddenly confront” a situation in the field as
to which the application of a statute is unclear—however clear it
may later become. A law prohibiting “vehicles” in the park either
covers Segways or not, see A. Scalia & B. Garner, Reading Law:
The Interpretation of Legal Texts 36–38 (2012), but an officer will
nevertheless have to make a quick decision on the law the first
time one whizzes by.
Contrary to the suggestion of Heien and
amici, our
decision does not discourage officers from learning the law. The
Fourth Amendment tolerates only
reasonable mistakes, and
those mistakes—whether of fact or of law—must be
objectively
reasonable. We do not examine the subjective understanding of the
particular officer involved. Cf.
Whren v.
United
States, 517 U. S. 806, 813 (1996) . And the inquiry is not
as forgiving as the one employed in the distinct context of
deciding whether an officer is entitled to qualified immunity for a
constitutional or statutory violation. Thus, an officer can gain no
Fourth Amendment advantage through a sloppy study of the laws he is
duty-bound to enforce.
Finally, Heien and
amici point to the well-known maxim,
“Ignorance of the law is no excuse,” and contend that itis
fundamentally unfair to let police officers get away with mistakes
of law when the citizenry is accorded no such leeway. Though this
argument has a certain rhetorical appeal, it misconceives the
implication of the maxim. The true symmetry is this: Just as an
individual generally cannot escape criminal liability based on a
mistaken understanding of the law, so too the government cannot
impose criminal liability based on a mistaken understanding of the
law. If the law required two working brake lights, Heien could not
escape a ticket by claiming he reasonably thought he needed only
one; if the law required only one, Sergeant Darisse could not issue
a valid ticket by claiming he reasonably thought drivers needed
two. But just because mistakes of law cannot justify either the
imposition or the avoidance of criminal liability, it does not
follow that they cannot justify an investigatory stop. And Heien is
not appealing a brake-light ticket; he is appealing a
cocaine-trafficking conviction as to which there is no asserted
mistake of fact or law.
III
Here we have little difficulty concluding that the officer’s
error of law was reasonable. Although the North Carolina statute at
issue refers to “
a stop lamp,” suggesting the need for only
a single working brake light, it also provides that “[t]he stop
lamp may be incorporated into a unit with one or more
other
rear lamps.” N. C. Gen. Stat. Ann. §20–129(g) (emphasis
added). The use of “other” suggests to the everyday reader of
English that a “stop lamp” is a type of “rear lamp.” And another
subsection of the same provision requires that vehicles “have all
originally equipped rear lamps or the equivalent in good working
order,” §20–129(d), arguably indicating that if a vehicle has
multiple “stop lamp[s],” all must be functional.
The North Carolina Court of Appeals concluded that the “rear
lamps” discussed in subsection (d) do not include brake lights,
but, given the “other,” it would at least have been reasonable to
think they did. Both the majority and the dissent in the North
Carolina Supreme Court so concluded, and we agree. See 366
N. C., at 282–283, 737 S. E. 2d, at 358–359;
id.,
at 283, 737 S. E. 2d, at 359 (Hudson, J., dissenting) (calling
the Court of Appeals’ decision “surprising”). This “stop lamp”
provision, moreover, had never been previously construed by North
Carolina’s appellate courts. See
id., at 283, 737 S. E.
2d, at 359 (majority opinion). It was thus objectively reasonable
for an officer in Sergeant Darisse’s position to think that Heien’s
faulty right brake light was a violation of North Carolina law. And
because the mistake of law was reasonable, there was reasonable
suspicion justifying the stop.
The judgment of the Supreme Court of North Carolina is
Affirmed.
Comments
Be the first to comment
Leave a Comment