M.D.Fla.: Rule 41(g) proceeding can’t be used to relitigate lost forfeiture

Rule 41(g) on return of property cannot be used to relitigate a final forfeiture order. United States v. Varnedoe, 2016 U.S. Dist. LEXIS 55933 (M.D.Fla. April 26, 2016).

Defendant’s warrantless blood draw was unlawful because defendant was presented with the implied consent form which gave defendant two options: either provide actual consent or revoke implied consent and be subject to penalties. He chose the latter and they drew the blood. State v. Rios, 2016 Ida. LEXIS 116 (April 26, 2016).