CA8: Discretion to have another retrieve vehicle doesn’t void inventory

“Even if we assume that Deputy Johnson had an investigatory motive, we still hold that the inventory search was reasonable. Indeed, after Deputy Johnson arrested Nielsen on an active felony-drug warrant, SCSD policy required Deputy Johnson to have Nielsen’s vehicle towed. Although the policy provided a limited exception in which Deputy Johnson could have allowed Moran to pick up the vehicle, Deputy Johnson reasonably exercised his discretion in refusing to do so given that he knew Moran lived approximately 25-30 minutes away.” United States v. Nielsen, 2023 U.S. App. LEXIS 18136 (8th Cir. July 18, 2023).

Petitioner “presents no evidence showing a defect in the search warrant and fails to otherwise establish a meritorious Fourth Amendment claim. Consequently, he cannot establish his claim of ineffective assistance of counsel for not filing a motion to suppress.” Maldonado v. Sec’y, Dep’t of Corr., 2023 U.S. Dist. LEXIS 122733 n.4 (M.D. Fla. July 17, 2023).*

Defendant’s post-conviction ineffective assistance of counsel claim fails because he can’t show that he’d prevail on the Fourth Amendment claim. United States v. Galletta, 2023 U.S. Dist. LEXIS 122268 (E.D. Pa. July 17, 2023).*

The CBP officer had reasonable suspicion of smuggling undocumented people three miles from the border on a local road. United States v. Jaramillo, 2023 U.S. Dist. LEXIS 122829 (D.Ariz. July 17, 2023).*