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hris Perri Law is a criminal defense law firm located in Austin, Texas.

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Chris' Blog

The blog of Chris Perri Law, written by Chris Perri and Shannon Perri. Read the latest in exciting cases where justice is served.

Filtering by Tag: United States Supreme Court

Recent U.S. Supreme Court Ruling Gives Cops Even More Leeway, But Chris Perri Law Will Strike Back

Chris Perri

Last month, the United States Supreme Court issued a surprising opinion that’s created waves of concern in the criminal defense circle. In Heien v. North Carolina, a North Carolina police officer noticed that one of the brake lights on the defendant’s vehicle was not working, so the officer pulled the defendant over believing that having a broken brake light was a violation of North Carolina law. A subsequent search of the defendant’s vehicle revealed cocaine, resulting in his arrest. The defendant attempted to suppress the evidence on the basis that he didn’t commit a traffic violation. The North Carolina courts reviewed the relevant traffic statute, and they determined that as long as one brake light is working, no crime has occurred.

Since the defendant didn’t commit a traffic violation, the stop was illegal, and the evidence of the cocaine should be suppressed. Seems simple, right? According to an 8-1 majority of the Supreme Court, that doesn’t end the inquiry, as courts must examine whether the officer’s mistaken belief about the law was reasonable. Here, the North Carolina law was somewhat ambiguous because another statute mandated that all “rear lamps” be functioning, and it’s not unreasonable to interpret a brake light as a type of rear lamp. Thus, even though the officer’s interpretation of the law was incorrect, this interpretation was reasonable at the time of the stop.

The Supreme Court’s analysis is problematic. Aren’t police officers supposed to know the law? And if they don’t know the law, how can anyone deem this lack of knowledge reasonable when the officers are trained experts on what’s illegal? If a medical doctor performing an appendectomy mistakenly removes your spleen instead of your appendix, we call that malpractice, and there’s no wiggle room for the doctor to argue that the mistake was reasonable. Apparently, cops get much more leeway.

Many defense attorneys are concerned that Heien might be a slippery slope. Will prosecutors now defend all unlawful stops on the basis that the officer’s mistaken belief about the law was reasonable at the time of the stop?

I say bring it on. I plan to argue that Heien applies to only a tiny set of scenarios: those in which the law is ambiguous and there’s no case precedent that clarifies this ambiguity. In Texas, most of the traffic laws are pretty clear cut. For example, it’s not a crime to swerve within your own lane as long as your car doesn’t cross into another lane. If an officer stops someone for swerving but the defense proves that the car never crossed into another lane, the prosecution won’t be able to argue that the officer reasonably believed that swerving within one’s own lane is against the law. That’s because, unlike the North Carolina law at issue in Heien, there’s no ambiguity in the law in my hypothetical example.

Still, I anticipate that prosecutors will attempt to use Heien as a tool to validate otherwise unlawful stops. As a result, it’s important to retain an experienced, knowledgeable defense attorney to persuade the courts that Heien doesn’t apply.

Court of Appeals Grants Chris Perri Law Oral Argument on Felony Case

Chris Perri

The Corpus Christi Court of Appeals has granted me the opportunity to present formal Oral Arguments on a felony DWI case in which my client was convicted and sentenced to twenty-five years in prison. At trial, during which I was not yet his lawyer, the main evidence of my client’s intoxication came from a warrantless blood draw, revealing that his BAC was over the legal limit. Just a few months after my client’s trial, the U.S. Supreme Court ruled that it was unconstitutional for an individual’s blood to be drawn during a DWI arrest without a warrant—even if it was the individual’s third DWI. At the time of my client’s arrest, however, Texas law allowed the police to draw a person’s blood without a warrant if that person had two or more prior DWI convictions. However, due to the fact that the Supreme Court’s ruling occurred while my client’s case was pending appeal, I’m arguing that this ruling should apply to his case so that his conviction is overturned and he can be retried without the tainted evidence. The interesting issue on appeal is that because the trial attorneys did not object to the admission of the blood evidence, no error was preserved. Usually, objections are necessary to present an appellate issue because appellate courts require that the trial judge had an opportunity to make a ruling. I plan to fiercely argue that even though the error was not preserved, it represents such a fundamental miscarriage of justice that the appellate court should still reverse the conviction.