{"id":47302,"date":"2021-02-17T08:26:44","date_gmt":"2021-02-17T13:26:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47302"},"modified":"2021-02-17T09:47:06","modified_gmt":"2021-02-17T14:47:06","slug":"ca4-suit-by-convict-over-arrest-without-pc-doesnt-mention-conviction-and-isnt-barred-by-heck","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=47302","title":{"rendered":"CA4: Suit by convict over arrest without PC doesn&#8217;t mention conviction and isn&#8217;t barred by <em>Heck<\/em>"},"content":{"rendered":"\n<p>Plaintiff\u2019s complaint that his arrest was without probable cause doesn\u2019t necessarily implicate his guilt or innocence, and it isn\u2019t barred by Heck. He doesn\u2019t even mention the conviction. <a href=\"https:\/\/www.ca4.uscourts.gov\/opinions\/196959.U.pdf\">Dizzley v. Garrett<\/a>, 2021 U.S. App. LEXIS 4314 (4th Cir. Feb. 16, 2021).<\/p>\n\n\n\n<p>Defendant was reported by a non-law enforcement witness to say she didn\u2019t have time to consent to a warrantless search; even if it was a comment on her exercise of rights, it was admissible to show she was fully cooperative. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2021\/02\/16\/19-10415.pdf\">United States v. Myres<\/a>, 2021 U.S. App. LEXIS 4288 (9th Cir. Feb. 16, 2021).*<\/p>\n\n\n\n<p>A warrant check on the passenger extended the stop, but it was with reasonable suspicion (without deciding the reasonableness of the warrant check without reasonable suspicion). <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/201521np.pdf\">United States v. Burrus<\/a>, 2021 U.S. App. LEXIS 4295 (3d Cir. Feb. 16, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff\u2019s complaint that his arrest was without probable cause doesn\u2019t necessarily implicate his guilt or innocence, and it isn\u2019t barred by Heck. He doesn\u2019t even mention the conviction. Dizzley v. Garrett, 2021 U.S. App. LEXIS 4314 (4th Cir. Feb. 16, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=47302\">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":[50,126,114],"tags":[],"class_list":["post-47302","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-issue-preclusion","category-privileges"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47302","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=47302"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47302\/revisions"}],"predecessor-version":[{"id":47306,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47302\/revisions\/47306"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47302"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47302"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47302"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}