D.N.M.: Summary judgment for defs denied in Torres v. Madrid on remand

On remand in Torres v. Madrid, 141 S. Ct. 989, 209 L.Ed.2d 190 (Mar. 25, 2021), the defendant’s summary judgment motion is denied. Torres v. Madrid, 2024 U.S. Dist. LEXIS 117079 (D.N.M. July 2, 2024).*

An out-of-state temporary plate where the state could not be read was justification for a stop even though it all turned out to be legal. “But ‘[t]o be reasonable is not to be perfect, and so the Fourth Amendment allows for some mistakes on the part of government officials ….’ Heien v. North Carolina, 574 U.S. 54, 60-61 (2014).” United States v. Terxidor, 2024 U.S. App. LEXIS 16191 (9th Cir. July 1, 2024).*

Two warrants: One for drugs and a cell phone, one for child pornography on the cell phone. The first warrant led to inevitable discovery of the child porn. No suppression; the record supports the district court’s conclusions. United States v. Salas, 2024 U.S. App. LEXIS 16261 (10th Cir. July 3, 2024).*

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