> However, to demonstrate actual malice, you have to demonstrate that the defendant knew of just how different the two things were, which is frankly a pretty tall ask
If I was a defendant in such a thing, I'd point to numerous cases where police departments have claimed, and courts have agreed, that police are not expected to be experts on the law.
"If law enforcement officers can be held by the court to not have to have a nuanced understanding of the law, how could I possibly?"