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

D.Minn.: Ptf was a bombing victim seeking return of property under equitable jurisdiction; 3 of 4 factors weigh against her, so denied

Plaintiff was a bombing victim and property was taken from her by consent. She wanted some of it back and brought an action under equitable jurisdiction for return of the property. “A district court’s exercise of equitable jurisdiction over a … Continue reading

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NE: Court with jurisdiction over criminal case has jurisdiction to return property seized

When a criminal case is over, the defendant is entitled to return of non-contraband seized property from the court with jurisdiction over the criminal case. In an IFP case, the court declines to say that he pled wrong in seeking … Continue reading

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CO: Person arrested at MJ grow but not charged can get his seized property back

An uncharged person originally arrested at an alleged illegal marijuana grow has standing to recover his own property seized from him. Boudette v. State, 2018 COA 109, 2018 Colo. App. LEXIS 1036 (July 26, 2018). Defendant’s bicycle rack on the … Continue reading

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N.D.Iowa: Reasonable mistaken identity justified stop

Defendant’s stop was based on reasonable suspicion he was in the country illegally, but it was a case of mistaken identity. “Defendant was observed emerging from the vicinity of the target’s residence. Defendant closely resembled the target. Any discrepancy between … Continue reading

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MS: No REP in calls from police station

Defendant’s calls from the police station after he was arrested admitted the marijuana in this case was his. The calls were admitted at trial, defense counsel challenging authentication. Defendant pro se argued a Fourth Amendment violation, but that is defaulted … Continue reading

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OH2: Towing company couldn’t be ordered to return car without being heard

The trial court doesn’t have the power to order the towing company to return defendant’s car without it being heard. It does, however, have the power to order the police to return what it seized that it does not need … Continue reading

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FL5: Error to deny without a hearing a facially sufficient motion for return of property

Defendant’s motion for return of property was facially sufficient for a hearing, and the circuit court erred in denying it without a hearing. Peterson v. State, 2018 Fla. App. LEXIS 8861 (Fla. 5th DCA June 22, 2018). Defense counsel wasn’t … Continue reading

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D.S.C.: One innocently driving a stolen vehicle generally doesn’t have standing in it, but he has to show his innocent status

One innocently driving a stolen vehicle generally doesn’t have standing in it. If, however, he innocently buys a stolen vehicle and then he’s stopped in it, it’s his burden to show that he was an innocent purchaser to acquire standing. … Continue reading

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NY3: No statutory or const’l requirement issuing magistrate’s name be printed on SW papers

Nothing requires the issuing magistrate’s name be printed on the search warrant papers, the affidavit or warrant. People v. Douglas, 2018 NY Slip Op 04388, 2018 N.Y. App. Div. LEXIS 4360 (3d Dept. June 14, 2018). A search warrant was … Continue reading

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Ct.Claims: Motion to dismiss denied: “plaintiffs sufficiently allege actions which are inconsistent with the exercise of police power”

Plaintiffs alleged a Fifth Amendment taking because the government took their truck to do a drug operation. The claim survives a motion to dismiss. “Because plaintiffs do not challenge the legality of the government’s action, we deny the jurisdictional challenge. … Continue reading

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GA: Where no violation of clear statute, no Heien reasonable mistake of law defense for state

Defendant did not violate the traffic statute that the officer stopped him for. Therefore, Heien’s reasonable mistake of law and good faith doesn’t apply. Moreover, there is no good faith exception in Georgia. Harris v. State, 2018 Ga. App. LEXIS … Continue reading

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D.Idaho: Movant failed to show govt had “callous regard” of rights for early return of property seized

The DEA seized unapproved pain relief products by a search warrant, and the company from which it was seized moved for return of the property. The court finds company hasn’t satisfied the requirements for equitable jurisdiction for return of property … Continue reading

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