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E.D.Va.: Attempt to intervene in another action barred by Heck

By John Wesley Hall, Jr.

Plaintiff-intervener convict could not intervene in a civil action filed by his stepfather challenging subpoenas for records. His claim is barred by Heck v. Humphrey, aside being untimely. Booker v. Dominion Va. Power, 2010 U.S. Dist. LEXIS 29076 (E.D. Va. March 26, 2010).* Encounter with defendant in his yard was not a “stop” for Terry purposes, no matter what the officer called it in his own reports. There was no show of force or aggression. The officers did not block the driveway, and their lights were not on. United States v. Sullivan, 2010 U.S. Dist. LEXIS 28966 (W.D. Ky. March 24, 2010).* Search incident of a car for a driver’s license infraction was unjustified under Gant. The state’s effort to distinguish Gant as involving one suspect and here two is rejected (Belton was 4-1)...continue to full post

Full post as published by Fourth Amendment on March 30, 2010 (boomark / email).