{"id":35504,"date":"2018-11-20T06:57:11","date_gmt":"2018-11-20T11:57:11","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35504"},"modified":"2018-11-20T06:57:11","modified_gmt":"2018-11-20T11:57:11","slug":"ca6-%c2%a7-1983-claim-over-search-that-led-to-conviction-barred-by-heck-while-excessive-force-claim-not","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35504","title":{"rendered":"CA6: \u00a7 1983 claim over search that led to conviction barred by <em>Heck<\/em> while excessive force claim not"},"content":{"rendered":"<p>Plaintiff filed a 1983 claim against the officers who searched his place while his criminal appeal was pending. The illegal search claim is barred by Heck v. Humphrey because it implies the invalidity of the conviction. His excessive force claim, however, is not barred. Friskey v. Bracke, 2018 U.S. App. LEXIS 32491 (6th Cir. Nov. 15, 2018).*<\/p>\n<p>Defense counsel wasn\u2019t ineffective. \u201cSmell of marijuana would have been sufficient to justify the warrant.\u201d And then items in plain view can be seized. Decoste v. United States, 2018 U.S. Dist. LEXIS 195071 (S.D. Fla. Nov. 15, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff filed a 1983 claim against the officers who searched his place while his criminal appeal was pending. The illegal search claim is barred by Heck v. Humphrey because it implies the invalidity of the conviction. His excessive force claim, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=35504\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,52],"tags":[],"class_list":["post-35504","post","type-post","status-publish","format-standard","hentry","category-45","category-excessive-force"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35504","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\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=35504"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35504\/revisions"}],"predecessor-version":[{"id":35505,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35504\/revisions\/35505"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35504"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35504"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35504"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}