CA6: Rule 41(g) motion for return of property doesn’t lie in federal court when state officers seized, even in a federal prosecution

Rule 41(g) motion for return of property requires that officers of the federal government have seized it. Where state and local authorities seized the property, a 41(g) motion doesn’t lie in federal court. United States v. Price, 2016 U.S. App. LEXIS 20396 (6th Cir. Nov. 14, 2016). See also W.D.N.Y.: When a state search warrant is used in federal court, state officers retain the evidence pending trial posted 11/18.

Defendant was stopped for not signaling a turn on his motorcycle. He claimed he did, but the trial court credited the officer’s testimony. Issuing the ticket for the stop would normally take 12-15 minutes, and a drug dog was called for. Defendant claimed the officer slow walked the ticketing process to avoid Rodriguez, but the court finds defendant’s reaching back toward something on the back of his bike caused delay by a putdown for officer safety that made the length of the delay reasonable. State v. Matheney, 2016-Ohio-7690, 2016 Ohio App. LEXIS 4557 (2d Dist. Nov. 10, 2016).

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