{"id":1027,"date":"2007-11-01T08:29:00","date_gmt":"2007-06-01T07:16:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-06-01T07:16:51","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1027","title":{"rendered":"Overturned conviction permitted \u00a7 1983 claim to go forward under <em>Heck<\/em>"},"content":{"rendered":"<p>Plaintiff&#8217;s previous \u00a7 1983 case was dismissed under <em>Heck v. Humphrey<\/em>, but he later overturned the conviction, and that enabled the suit to be refiled and go foward. Skinner v. Chapman, 489 F. Supp. 2d 298 (W.D. N.Y. 2007).* <\/p>\n<p>Informant&#8217;s detailed information about the defendant, including his &#8220;gold gun&#8221; corroborated by the police was probable cause. United States v. King, 233 Fed. Appx. 969 (11th Cir. 2007)* (unpublished).<\/p>\n<p>Defendant was an internet traveler coming to Georgia from Florida allegedly to have mother-daughter sex with a 9 year old. The FBI staged an arrest of the &#8220;mother&#8221; (a female FBI agent) too, and took the defendant in for questioning.  His car was driven in and searched at the FBI headquarters. The search was justified both as under the automobile exception and inventory.  United States v. Grossman, 233 Fed. Appx. 963 (11th Cir. 2007)* (unpublished).<\/p>\n<p>Person who had no discernable property interest in a home who was constructively evicted had no Fourth or Fourteenth Amendment claim.  Sullivan v. Stein, 487 F. Supp. 2d 52 (D. Conn. 2007).*<\/p>\n<p>Post-conviction claim for failing to file a motion to suppress failed where the search claim itself would fail on consent grounds, which was alternatively decided on the merits.  Chico-Polo v. Metrish, 2007 U.S. Dist. LEXIS 38931 (E.D. Mich. May 30, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=1027\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1027","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1027","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1027"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1027\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1027"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1027"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1027"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}