Defendant does not have a right to return of seized property under Rule 41(g) as long as there is potential evidentiary value, including through appeal. Defendant does not claim that his iPad and iPhone weren’t illegally seized to begin with; just that the whole process has taken too long. United States v. Habash, 2017 U.S. Dist. LEXIS 5721 (E.D.Cal. Jan. 13, 2017).
Defendant’s stop was for a broken taillight lens because the officer could see white light. The video isn’t any help because of glare from the police car headlights, and the trial court’s credibility call went with the officer. The stop was justified. State v. Kordich, 2017-Ohio-234, 2017 Ohio App. LEXIS 235 (9th Dist. Jan. 23, 2017).*