Mistake of Fact vs. Mistake of Law: Understanding Arrest and Seizure Laws under Pennsylvania Law and the State Constitution

Introduction

In the realm of arrest and seizure laws, understanding the distinction between a police officer’s mistake of fact and mistake of law is critical. Both types of mistakes can have significant implications on the validity of an arrest or seizure under the Fourth Amendment of the U.S. Constitution and Article I, Section 8 of the Pennsylvania Constitution. This post will delve into the legal differences between the two and the impact they have under Pennsylvania law and the state constitution.

Mistake of Fact

A mistake of fact occurs when a police officer makes an incorrect assumption about a factual matter during an arrest or seizure. This type of mistake is generally more forgiving in the eyes of the law. If an officer makes a reasonable mistake of fact while carrying out an arrest or seizure, it will not necessarily render the action unconstitutional or unlawful.

For example, if an officer reasonably believes that a suspect matches the description of a wanted criminal, the officer may be justified in stopping and briefly detaining the individual. If it later becomes clear that the suspect is not the wanted individual, the officer’s mistake of fact will not automatically invalidate the stop or detention as long as the mistake was reasonable and made in good faith.

Mistake of Law

A mistake of law occurs when a police officer misunderstands or misinterprets the law when making an arrest or conducting a seizure. Unlike a mistake of fact, mistakes of law are not as readily excused under the Fourth Amendment or Article I, Section 8 of the Pennsylvania Constitution.

When an officer makes a mistake of law, it often leads to the arrest or seizure being deemed unconstitutional or unlawful, as the action was based on an incorrect understanding of the law. In these cases, any evidence obtained as a result of the unlawful arrest or seizure may be suppressed, meaning it cannot be used against the defendant in court.

For example, if an officer arrests a suspect based on a belief that carrying a specific item is illegal, but the item is, in fact, legal to possess, the arrest would be based on a mistake of law. As a result, any evidence obtained from the arrest could be suppressed, and the charges against the defendant may be dismissed.

Pennsylvania Law and the State Constitution

Under Pennsylvania law and the state constitution, the distinction between a mistake of fact and a mistake of law is critical when it comes to arrest and seizure actions. While a reasonable mistake of fact may not render an arrest or seizure unlawful, a mistake of law can have significant consequences, leading to the suppression of evidence and potential dismissal of charges.

Article I, Section 8 of the Pennsylvania Constitution echoes the Fourth Amendment’s protection against unreasonable searches and seizures, providing strong safeguards for individual rights. Pennsylvania courts have often interpreted the state constitution to provide even greater protection for citizens than the federal constitution, making it crucial for law enforcement officers to have a clear understanding of both the facts and the law when conducting arrests and seizures.

Conclusion

In the context of arrest and seizure laws, understanding the legal difference between a police officer’s mistake of fact and mistake of law is vital. Mistakes of fact can be excused if they are reasonable and made in good faith, whereas mistakes of law often result in the suppression of evidence and dismissal of charges. Knowing these distinctions and having an experienced attorney who can navigate the complexities of Pennsylvania law and the state constitution is critical for those facing criminal charges.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.