The following excerpt is from People v. Miller, 963 N.Y.S.2d 552 (N.Y. Cty. Ct. 2013):
"A traffic stop is not rendered unconstitutional merely because the officer is factually mistaken about the suspected violation." US v. Jenkins, 324 F.Supp.2d 504, 509 [2004].
An officer's mistake of fact must be distinguished from an officer's mistake of law. Where the officer has made a mistake of law, such as where an officer stopped defendant's vehicle because the officer thought that it was illegal to leave a parking lot without signaling a turn, suppression is appropriate. Byer v. Jackson, 241 A.D.2d 943, 661 N.Y.S.2d 336 (4th Dept. [1997] ).
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