S.D.Ind.: Not all 4A claims are Heck barred, but ptf here “has pled himself into a Heck bar”

“The Court acknowledges that not all Fourth Amendment claims are barred by Heck. Indeed, a civil rights claim may go forward before a conviction is invalidated where the civil rights violation ‘does not inevitably undermine a conviction.’ Booker v. Ward, 94 F.3d 1052, 1056 (7th Cir. 1996). But Mr. Allen’s numerous filings have a consistent theme — that his convictions are invalid because Defendants’ actions that led to his arrest, detention, prosecution, and incarceration violated his rights under the Constitution. Through his own allegations, reiterated in his responses to the Order to Show Cause, Mr. Allen has pled himself into a Heck bar. As a result, unless and until Mr. Allen successfully demonstrates that his convictions or sentences have been ‘reversed on direct appeal, expunged by executive order, declared invalid by a state…or called into question by a federal … writ of habeas corpus,’ this Court has no authority to consider Mr. Allen’s civil rights claims. Heck, 512 U.S. at 486-87.” Allen v. Barber, 2021 U.S. Dist. LEXIS 245175 (S.D.Ind. Oct. 28, 2021)

The search warrant for child pornography on electronic devices in Mississippi was issued with probable cause. The acts depicted happened in Louisiana. State v. Lurding, 2021 La. App. LEXIS 2031 (La. App. 1 Cir. Dec. 22, 2021).*