Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
A mistake of fact that a reasonable person would make under the circumstances. The mistake can justify otherwise tortious conduct when the mistake is not induced by the other party.
2
A mistake of fact that a reasonable person would make under the circumstances. The mistake can negate the mental state required for criminal liability.
Sense 1
1
Sense 1
A mistake of fact that a reasonable person would make under the circumstances. The mistake can justify otherwise tortious conduct when the mistake is not induced by the other party.
Sources & Authorities· 2 sources
Select any source to read its text and confirm it supports the definition.
Restatements
Sense 2
2
Sense 2
A mistake of fact that a reasonable person would make under the circumstances. The mistake can negate the mental state required for criminal liability.
Sources & Authorities· 2 sources
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Examples2
Self-Defense Against Lawful Force
Rhea Reynolds confronts an officer who is lawfully arresting her based on a warrant. She reasonably mistakes the officer for an assailant and resists with force. Because the officer's privilege rests on a reasonable mistake not caused by Rhea, she loses the privilege to defend herself against the officer's force.
Diminished Damages for Conversion
Rosalind Reed buys a painting from a gallery that turns out to belong to Redwood Bank. She converted it in good faith under a reasonable mistake about title. The court reduces the bank's damages by the amount recovered when she promptly tenders the painting back.
Frequently Asked2
Can a reasonable mistake excuse trespass to land?+
No. Intentional entry onto land possessed by another creates liability even when the entrant holds a reasonable, good-faith belief that the land is public or his own, provided the possessor did not induce the mistake.
Supporting sources
How does a reasonable mistake affect damages for conversion?+
When goods are converted in good faith under a reasonable mistake, the court may reduce damages if the converter tenders return promptly and the value is not substantially impaired.
Supporting sources
Examples4
Good-Faith Reliance on Warrant
Ravi Reddy, an officer, executes a search warrant later found invalid for lack of probable cause. He reasonably relied on the magistrate's issuance. The evidence is admitted because the reasonable mistake prevents exclusion under the good-faith exception.
United States v. Leon468 U.S. 897 (1984)
Mistake About Consent in Rape
Ricardo Rojas engages in intercourse after the complainant initially appeared willing but later withdraws consent. He holds a reasonable, good-faith belief that consent continues. The mistake negates the required mental state and provides a defense.
People v. Williams4 Cal.4th 354, 362, 14 Cal.Rptr.2d 441, 841 P.2d 961 (1992)
School Discipline Mistake
Riley Rivera, a teacher, paddles a student after reasonably mistaking the student's conduct for a rule violation. The mistake is made in good faith while fulfilling official duties. Immunity protects Rivera from personal liability for the reasonable error.
Ingraham v. Wright430 U. S. 651 (1977)
Mistake Negating Criminal Intent
Raymond Ramos takes scrap metal from a site after reasonably believing it was abandoned. The honest mistake prevents proof of the intent to deprive another of property. He is acquitted of theft because the reasonable mistake negates the required mens rea.
Morrissette v. United States342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288.
Frequently Asked2
Does a reasonable mistake of fact always provide a defense in criminal cases?+
No. The mistake must negate the required mental state for a material element of the offense. When it does, the defense succeeds even if the belief was unreasonable, provided the jurisdiction follows modern principles.
Supporting sources
Does a reasonable mistake of law ever support a Fourth Amendment seizure?+
Yes. An officer's objectively reasonable mistake of law can provide reasonable suspicion for a traffic stop and does not violate the Fourth Amendment.
Supporting sources
468 U.S. 897 (1984)Criminal Procedure
…in all cases; the costs due to the exclusion of evidence in the narrower category of cases where police have made objectively reasonable mistakes must necessarily be even smaller. The Court, however, ignores this distinction and mistakenly weighs the aggregated costs of exclusion in all cases, irrespective of the circumstances that…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational