Category Archives: Rule 41(g) / Return of property

PA: Motions for return of property seized by SW are addressed to judge supervising the GJ that sought them

Motions for return of property seized by search warrant issued for a Statewide Investigating Grand Jury are to be addressed to the judge supervising the grand jury. In re Return of Seized Property, 2019 Pa. LEXIS 3845 (July 17, 2019). … Continue reading

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C.D.Ill.: Evidence used at trial not subject to return under Rule 41(g)

That which was used as evidence at trial is not yet subject to return under Rule 41(g). The government responded by affidavit. United States v. Hathaway, 2019 U.S. Dist. LEXIS 104035 (C.D. Ill. June 21, 2019). “It was error as … Continue reading

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CA11: “Rule 41(g) is not an appropriate vehicle for the return of property seized by civil forfeiture.”

“Rule 41(g) is not an appropriate vehicle for the return of property seized by civil forfeiture.” United States v. Bynum, 2019 U.S. App. LEXIS 17510 (11th Cir. June 12, 2019). Defendant’s claim there was a reasonable expectation of privacy as … Continue reading

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N.D.Ga.: IP information is not governed by Carpenter

IP information is not governed by Carpenter. “Obtaining information from Kik, Sprint, and Comcast did not allow law enforcement to track Defendant Jenkins’s physical location over an extended period. At most, it allowed them a lead in identifying him — … Continue reading

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D.Neb.: SW for cell phone defeats motion for return of phone for time being

Defendant’s cell phone was seized when he was arrested. Five days later, the government sought a search warrant for the phone. Defendant isn’t yet entitled to return of the phone. United States v. Gonzalez, 2019 U.S. Dist. LEXIS 61279 (D. … Continue reading

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OH2: Denial of motion for return of property affirmed on appeal for lack of a hearing transcript

Defendant’s motion for return of property was properly denied, but it’s because he failed to bring up a record of the hearing in the trial court. State v. White, 2019-Ohio-1264, 2019 Ohio App. LEXIS 1342 (2d Cir. Apr. 5, 2019).* … Continue reading

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IN: Petition for return of firearms seized granted; state’s evidence too stale to carry burden

In a petition for return of firearms seized from an alleged dangerous person, the state didn’t put on proof of anything recent, so the petition should have been granted. Redington v. State, 2019 Ind. App. LEXIS 146 (Apr. 5, 2019). … Continue reading

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D.Ariz.: No damages collectable in a motion for return of property

One can’t get damages in a Rule 41(g) motion for return of property. Hall v. United States, 2019 U.S. Dist. LEXIS 56524 (D. Ariz. Apr. 2, 2019). There was probable cause for search of the premises, and defendant lacks standing … Continue reading

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MA: Probation GPS monitoring can be accessed after the fact to prove def’s location in a new crime

Defendant was on probation and had GPS monitoring as a condition. It was reasonable for the state to access the historical GPS data later when defendant was suspected of a crime. Commonwealth v. Johnson, 481 Mass. 710 (Mar. 26, 2019). … Continue reading

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S.D.Ga.: Rule 41(g) doesn’t enable return of property the govt doesn’t have

Property not in the hands of the federal government cannot be ordered returned under Rule 41(g). Administratively forfeited case can’t be returned; there was a remedy. United States v. Morris, 2019 U.S. Dist. LEXIS 45071 (S.D.Ga. Mar. 19, 2019). Defendant’s … Continue reading

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S.D.Ind.: Once there’s an indictment, a motion to suppress evidence is used rather than a motion for return of property

“Where, as here, an indictment has been filed and criminal proceedings are ongoing, the proper means for seeking return of seized property and to challenge the constitutionality of a search is a motion to suppress evidence.” United States v. Flick, … Continue reading

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C.D.Cal. LAPD didn’t violate 4A by not returning a seized gun without a court order as required by CA law

Plaintiff sued LAPD for not returning firearms seized without a state court order as required by California law. Plaintiff hasn’t shown that the LAPD policy violates the Fourth Amendment. Wright v. Beck, 2019 U.S. Dist. LEXIS 15778 (C.D. Cal. Jan. … Continue reading

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