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

W.D.Mo.: No right to return of electronic data where def already has it from gov’t

A motion for return of property under Rule 41(g) is properly denied where the defendant has complete electronic versions of the records. United States v. Womack, 2016 U.S. Dist. LEXIS 39097 (W.D.Mo. March 25, 2016). Defendant was pulled over because … Continue reading

Posted in Reasonable suspicion, Rule 41(g) / Return of property | Comments Off

E.D.Ky.: Holding up hands when asked for consent was consent

“In addition, the Government testified that Stepp voluntarily consented to the search. However, even assuming that Stepp merely raised his hands in silence upon the trooper’s search request, the Sixth Circuit has established that any such acquiescence indicates assent.” United … Continue reading

Posted in Arrest or entry on arrest, Consent, Rule 41(g) / Return of property | Comments Off

D.Conn.: While def should have presented affidavit of standing, the SW inventory supports his standing

In a corporate office search, defendant should have presented an affidavit to show his standing in the office space. Despite that, however, the government’s search inventory strongly supports his standing because it shows documents taken from what was described as … Continue reading

Posted in Burden of proof, Computer searches, Franks doctrine, Overbreadth, Rule 41(g) / Return of property, Standing | Comments Off

AL: Federal adoption of a forfeiture deprives the state court of jurisdiction to order return of property

Federal adoption of a forfeiture deprives the state court of jurisdiction to order return of property. Gray v. City of Opelika, 2015 Ala. Civ. App. LEXIS 254 (Nov. 6, 2015). A traffic offense justified this stop, then “the smell of … Continue reading

Posted in Informant hearsay, Plain view, feel, smell, Rule 41(g) / Return of property | Comments Off

LA3: The person who owned a document obtained by SW clearly has standing for its return

Somebody was denied a job at a hospital, and complained to the Jefferson Davis Parish Sheriff’s Office who sought a search warrant for the letter received that apparently caused the job denial. A judge pro tem issued the search warrant … Continue reading

Posted in Rule 41(g) / Return of property, Standing | Comments Off

TN: Motion for return of property doesn’t require a motion to suppress and can come after judgment

A state motion for return of property does not require a motion to suppress. “Additionally, the State’s argument that the trial court lacks jurisdiction because the judgment has become final is misplaced. The Defendant is not seeking to challenge his … Continue reading

Posted in Franks doctrine, Rule 41(g) / Return of property, Seizure | Comments Off

D.Colo.: Motion for return of property denied until post-conviction process over

Defendants moved for return of their property after conviction and the appeal was affirmed. The government gets to keep it pending conclusion of any collateral review which might be filed. United States v. Banks, 2015 U.S. Dist. LEXIS 107994 (D.Colo. … Continue reading

Posted in Reasonable expectation of privacy, Reasonable suspicion, Rule 41(g) / Return of property, Standing | Comments Off

W.D.Pa.: Police daily briefing provided PO with RS of a probation violation

Defendant’s PO received a daily brief from the police that mentioned that defendant was in a car stopped and identified as a gang member. One of his conditions of parole was to avoid gang activity. That was justification for a … Continue reading

Posted in Probation / Parole search, Rule 41(g) / Return of property, Staleness | Comments Off

E.D.Pa.: Def gets return of property seized 7½ years ago

Defendant is entitled to return of property originally seized 7½ years ago to prosecute him that is not contraband and no longer needed. United States v. Green, 2015 U.S. Dist. LEXIS 85174 (E.D.Pa. June 30, 2015). A state law enforcement … Continue reading

Posted in Franks doctrine, Reasonable suspicion, Rule 41(g) / Return of property | Comments Off

E.D.N.Y.: Return of property motion denied because forfeiture action coming

A motion for return of property under Rule 41(g) was denied where the government represented that it was about to institute proceedings for forfeiture or a criminal proceedings. Motions for return of property are to be exercised sparingly and not … Continue reading

Posted in Consent, Probable cause, Rule 41(g) / Return of property | Comments Off

CA9: Once criminal proceedings are over, the original search isn’t an issue in Rule 41(g) proceedings for return of property

Defendant’s Rule 41(g) motion was granted in part and denied in part. The district court did not err in refusing to reconsider the original search question. “[I]n the context of Rule 41, that after criminal proceedings are completed, ‘the legality … Continue reading

Posted in Border search, F.R.Crim.P. 41, Reasonable suspicion, Rule 41(g) / Return of property | Comments Off

Cal.3: “Reason to believe” in administrative search law means same as PC

Treating an examination of an insurance company’s unclaimed property as an administrative search, “reason to believe” in the California unclaimed property law is no greater than probable cause to get a search warrant, following Lincoln Bank & Trust Co. v. … Continue reading

Posted in Administrative search, Probable cause, Rule 41(g) / Return of property | Comments Off