The search of defendant’s car would have happened as a result of an inventory search whether or not the automobile exception applied. Therefore, inevitable discovery was satisfied. United States v. Russell, 2023 U.S. App. LEXIS 3820 (11th Cir. Feb. 17, 2023).
On remand of Torres v. Madrid, 141 S. Ct. 989 (2021), defendants do not get a Heck defense for shooting Mr. Torres. As to qualified immunity for lack of clearly established law, remanded to the district court again. Torres v. Madrid, 2023 U.S. App. LEXIS 3785 (10th Cir. Feb. 17, 2023).*
“Officer Shannon observed Defendant wearing all black clothing, a hooded shirt, a face mask, and gloves as he ran across Nova Drive at around 1:30 a.m. … Additionally, the car in which Defendant had arrived fled upon Officer Shannon’s arrival on scene. … These circumstances, viewed from the standpoint of an objectively reasonable police officer, lead to the conclusion that Defendant was loitering or prowling in a place and at a time and manner not usual for law-abiding citizens.” This was reasonable suspicion. Stolen mail was in the plastic bag defendant was carrying. United States v. Altieri, 2023 U.S. Dist. LEXIS 27010 (S.D. Fla. Jan. 23, 2023),* adopted, 2023 U.S. Dist. LEXIS 26720 (S.D. Fla. Feb. 16, 2023).*