CA7: USDC misapplies Heck by assuming challenged search was reasonable

The district court misapplied the Heck doctrine by assuming the search of plaintiff’s car was reasonable. The real question is whether the suit is to challenge the legality of the search. “On remand, the judge will need to resolve the parties’ dispute about the reasonableness of Kazmierski’s seizure of Brown (the impermissibility of which could also invalidate the search incident to it).” Brown v. Racine County, 2019 U.S. App. LEXIS 24774 (7th Cir. Aug. 20, 2019).

There was probable cause for the search warrant for defendant’s cell phone for alien smuggling and that which he claims was omitted from the search warrant affidavit doesn’t undermine probable cause at all. United States v. Navarro, 2019 U.S. Dist. LEXIS 140116 (D. Ariz. July 12, 2019).*