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

E.D.Cal.: Motion for return of things denied until 2255 resolved

Defendant seeks return of things of potential evidentiary value. The government opposes on the ground that a 2255 has not yet been filed, and the things might still have value. That’s reasonable for the court. United States v. Saldivar, 2019 … Continue reading

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IL: Once def was acquitted, seized computer data should have been returned, not searched again without a warrant

Defendant was a Peoria police officer being accused of sexual assault, and the Illinois State Police obtained a search warrant for his computer and other devices. The hard drives were copied with EnCase software. Defendant was tried on the sexual … Continue reading

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CA5: Use of deadly force against an armed, dangerous, and unpredicable man was subject to QI

Officers were entitled to qualified immunity because plaintiff could not establish that they used excessive force in violation of the Fourth Amendment. The evidence indicated that the use of force was justified under the circumstances. Because the officers thought they … Continue reading

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E.D.Mich.: Giving password to computer and Facebook account waived REP as to that person

Defendant gave his passwords to his computer and Facebook to his victim. Her searches are not Fourth Amendment violations. United States v. Johnson, 2019 U.S. Dist. LEXIS 169622 (E.D. Mich. Oct. 1, 2019). The state’s admission on appeal that they … Continue reading

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D.Nev.: Govt’s stated intent to forfeit requires motion for return of property be denied

Motion for return of property seized five weeks ago is denied. The government will image electronics and return them. That which is subject to forfeiture has to await it. United States v. Wells, 2019 U.S. Dist. LEXIS 168017 (D. Nev. … Continue reading

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MA: Trial court erred in ordering cell phone purged of potential evidence as a condition of returning it after it was suppressed

Defendant succeeded in suppressing his cell phone, and the trial court erred in ordering defendant’s phone erased of the evidence suppressed before returning it. It was his property. Commonwealth v. Salmons, 2019 Mass. App. LEXIS 119 (Sept. 11, 2019):

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OH8: Cell phone not ordered returned because of its potential use in evidence

Defendant’s cell phone was still potential evidence in his retrial, so it won’t be ordered returned to him. State v. Metz, 2019-Ohio-3370, 2019 Ohio App. LEXIS 3440 (8th Dist. Aug. 22, 2019). Officers approached defendant’s house for a welfare check, … Continue reading

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Cal.: Probation search condition of electronic devices not related to underlying offense and quashed

The juvenile here was adjudicated guilty of burglary. A probation search condition of his electronic devices wasn’t reasonably related to the offense and it is ordered removed. In re Ricardo P., 2019 Cal. LEXIS 5949 (Aug. 16, 2019). The seizure … Continue reading

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M.D.Pa.: Lack of standing cuts off a Franks challenge

Defendant lacked standing in the place searched, so he’s denied a Franks hearing to challenge that omission from the affidavit for search warrant. “The only connection between Defendant and 10 H Hall Manor reflected in the Affidavit of Probable Cause … Continue reading

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S.D.Fla.: Search incident and community caretaking exceptions can’t support govt’s search of def’s messenger bag days later

The government’s search incident theory to sustain a search of defendant’s messenger bag days after his arrest is rejected. “The fundamental purpose of the search incident to arrest exception is to ensure safety and safeguard evidence. Neither of these concerns … Continue reading

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S.D.Miss.: Govt plans to file forfeiture so motion for return of cash denied

Claimant business’s motion for return of $895k from its bank account under Rule 41(g) is denied for lack of irreparable harm, based also on the government’s representation it’s going to attempt forfeiture. “Turning to the fourth factor, the Court finds … Continue reading

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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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