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Heien v. North Carolina

Docket No.13-604
Op. BelowN.C.
ArgumentOct 6, 2014

Holding

A police officer"s reasonable mistake of law gives rise to reasonable suspicion that justifies a traffic stop under the Fourth Amendment.

Judgment

Affirmed, 8-1, in an opinion by John Roberts on Dec 15, 2014. Justice Kagan filed a concurring opinion, in which Justice Ginsburg joined. Justice Sotomayor filed a dissenting opinion.

Proceedings & orders timeline

Nov 13, 2013
Petition for a writ of certiorari filed. (Response due December 18, 2013)
Dec 6, 2013
Waiver of right of respondent North Carolina to respond filed.
Dec 6, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, rreceived from counsel for the respondent.
Dec 18, 2013
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Dec 24, 2013
DISTRIBUTED for Conference of January 10, 2014.
Jan 6, 2014
Response Requested . (Due February 5, 2014)
Jan 29, 2014
Order extending time to file response to petition to and including March 7, 2014.
Mar 7, 2014
Brief of respondent North Carolina in opposition filed.
Mar 18, 2014
Reply of petitioner Nicholas Brady Heien filed.
Mar 19, 2014
DISTRIBUTED for Conference of April 4, 2014.
Apr 7, 2014
DISTRIBUTED for Conference of April 18, 2014.
Apr 21, 2014
Petition GRANTED.
May 13, 2014
The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 9, 2014.
May 13, 2014
The time to file respondent's brief on the merits is extended to and including July 14, 2014.
May 22, 2014
Order further extending time to file respondent's brief on the merits to and including July 21, 2014.
May 22, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
May 28, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jun 9, 2014
Joint appendix filed. (Statement of costs filed.)
Jun 9, 2014
Brief of petitioner Nicholas Brady Heien filed.
Jun 16, 2014
Brief amicus curiae of Gun Owners Foundation, et al. filed.
Jun 16, 2014
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jun 16, 2014
Brief amici curiae of Professors Charles E. MacLean & Adam Lamparello filed.
Jun 16, 2014
Brief amicus curiae of Rutherford Institute filed.
Jul 9, 2014
Record requested from Supreme Court of North Carolina.
Jul 14, 2014
Record received from the Supreme Court of North Carolina. The record is electronic.
Jul 18, 2014
SET FOR ARGUMENT ON Monday, October 6, 2014
Jul 21, 2014
Brief of respondent North Carolina filed.
Jul 28, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 28, 2014
Brief amicus curiae of the United States filed.
Jul 28, 2014
Brief amici curiae of Wisconsin, et al. filed.
Jul 28, 2014
Brief amici curiae of The Association of Prosecuting Attorneys, et al. filed.
Aug 7, 2014
CIRCULATED.
Aug 20, 2014
Reply of petitioner Nicholas Brady Heien filed. (Distributed)
Aug 29, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 6, 2014
Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Robert C. Montgomery, Senior Deputy Attorney General, Raleigh, N. C.; and Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Dec 15, 2014
Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined. Kagan, J., filed a concurring opinion, in which Ginsburg, J., joined. Sotomayor, J., filed a dissenting opinion.
Jan 16, 2015
JUDGMENT ISSUED.

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