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Criminal Conviction Doesn’t Bar Search Warrant Suit
The plaintiff could pursue Fourth Amendment claims arising from his criminal prosecution, notwithstanding the Heck rule and collateral estoppel, since the trial court's ruling that the search was pursuant to a valid warrant was not necessary to the criminal conviction, and hence a contrary holding in the federal district court would not imply the invalidity of the conviction. See: Dockery v. Tucker, 73 F.Supp.2d 224 (E.D.N.Y. 1998).
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Related legal case
Dockery v. Tucker
| Year | 1998 |
|---|---|
| Cite | 73 F.Supp.2d 224 (E.D.N.Y. 1998) |
| Level | District Court |
| Injunction Status | N/A |