Texas v. Cortez (original by presiding judge keller)
Annotate this CaseHolding that a traffic stop was illegal, the trial court granted a motion to suppress. One of the State’s arguments on appeal was that, if the police officer was mistaken about whether appellee Jose Cortez had committed a traffic offense, the traffic stop was nevertheless legal as a reasonable mistake of law under "Heien v. North Carolina," (135 S.Ct 530 (2014)). Citing precedential cases that predated "Heien," the court of appeals concluded that even a reasonable mistake about the law would not justify a stop. However, the court of appeals did not discuss Heien. After review of this case, the Court of Criminal Appeals concluded that the court of appeals failed to address every issue necessary to the disposition of this case case. Consequently, the Court vacated the decision of the court of appeals and remanded the case for reconsideration under Heien.
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