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United Statesv.Shawnton Deon Johnson

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.13-15583
DecidedFebruary 2, 2015
Reporter777 F.3d 1270; 2015 WL 408149
JudgesEleventh Circuit Judges William Pryor and Jordan; District Judge Steve C. Jones sitting by designation
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureInevitable DiscoveryEvidence
Case Summary

After a plate check showed the truck’s registered owner was deceased, an officer stopped Shawnton Johnson for failing to signal, learned that Johnson’s license was suspended, and found a sawed-off shotgun during an illegal search. After the truck was impounded and inventoried, Johnson pleaded guilty to possessing a firearm as a felon while reserving his right to appeal the denial of his suppression motion. The Eleventh Circuit held that the shotgun was admissible under the inevitable-discovery exception because the officer’s lawful investigation into the truck’s ownership and disposition would have led to an inventory search even without the illegal search. The court rejected Johnson’s argument that officers must have planned the specific inventory search before the illegal conduct, explaining that active pursuit may consist of ordinary investigation already underway. It also rejected his unpreserved challenge to the lack of standard impoundment criteria under plain-error review and declined his remaining arguments as meritless or foreclosed by precedent. The court affirmed Johnson’s conviction.

Opinion

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