NC: 20 month old information wasn’t stale in a counterfeit goods case

The affidavit for search warrant in this counterfeit goods case at defendant’s house had information 20 months old. But, the keeping of the counterfeit goods was an ongoing operation being sold around the area, and the search warrant wasn’t stale. This wasn’t like a drug case where the product comes and goes. State v. Howard, 2018 N.C. App. LEXIS 514 (June 5, 2018).

“That is, asserting that D.S. was unlawfully seized, or coerced into confessing, or denied effective counsel in violation of constitutional rights advanced under § 1983 necessarily implies that his assault conviction was unlawfully obtained. As a result, these claims are all barred by Heck, and the district court, as it was required to do, properly dismissed them. See Heck, 512 U.S. at 486-87; Poventud, 750 F.3d at 132.” Sanchez v. City of New York, 2018 U.S. App. LEXIS 15029 (2d Cir. June 5, 2018).*

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