Szajer v. City of Los Angeles, 2011 U.S. App. LEXIS 2796

Szajers owned and operated L.A. Guns gun shop in West Hollywood.
LAPD conducted an undercover sting sale, recording the transaction of illegal firearms.
Officers detained Szajers pending a warrant application after the purchase of two assault rifles and possession of a submachine gun.
A search warrant was issued and executed at the gun shop and Szajers’ residence.
Szajers pled no contest to one felony count (possession of an unregistered H&K pistol).
District court granted summary judgment; Ninth Circuit affirms that ruling on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Heck bars the §1983 claim given possible implication of the state convictions.	Szajers rely on Heck exception to permit Fourth Amendment §1983 claims.	District court correctly applied Heck to bar the suit as it would imply invalid convictions.	Yes; Heck bars the §1983 claim.
Whether the civil suit challenges only the gun-shop search or also the home convictions given the warrant.	Challenge to search of gun shop independent of home conviction.	Search of shop and residence tied by same warrant and affidavit.	The claim is barred by Heck as it would implicate the underlying conviction.

Heck v. Humphrey, 512 U.S. 477 (U.S. 1994) (damages actions barred if conviction would be invalidated by success)
Whitaker v. Garcetti, 486 F.3d 572 (9th Cir. 2007) (Fourth Amendment claims not exempt from Heck; actionable only if not undermining convictions)
Harvey v. Waldron, 210 F.3d 1008 (9th Cir. 2000) ( Heck analysis for Fourth Amendment challenges; overruled in part by later decisions)
United States v. Vasquez-Ramos, 531 F.3d 987 (9th Cir. 2008) (per curiam; adherence to circuit precedent on Heck)
United States v. Lacy, 119 F.3d 742 (9th Cir. 1997) (probable cause requires timely information; stale information invalid for probable cause)