CA6: SOL for search 1983 cases run from date of search

The statute of limitations for a 1983 case from an illegal search claim runs from the time of the search, not the date some court holds it was illegal. Wallace v. Kato on false arrest distinguished. Hornback v. Lexington-Fayette Urban County, 543 Fed. Appx. 499 (6th Cir. 2013).

After a domestic dispute with his mother for trashing her house, defendant left on foot. The police had been called and encountered defendant and talked to him. He agreed to go back to the house to get a friend’s phone number off his mother’s phone. He stayed in the police car while the officer went to retrieve it. Inside, he found drugs and drug paraphernalia. The search was reasonable and the entry was by consent of the mother. State v. Wynne, 258 Ore. App. 787, 311 P.3d 978 (2013).*