There was a search warrant for personal papers in a jail, and some came into the possession of the USAO but two pages did not. They were needed for litigation. The USAO is ordered to return the copies it has, but the court won’t tell the USAO to tell the jail to turn over what it has because that’s outside of Rule 41(g). United States v. Stile, 2017 U.S. Dist. LEXIS 197716 (D. Me. Dec. 1, 2017).
Defendant claims in his post-conviction petition that the searching officers left a listening device behind in his house after a search to continue to surveill him. The state denies it, and defense counsel admits that there is no factual basis for the assertion. Denied on this ground for lack of a factual basis. [No mention of what that allegedly produced against him.] State v. Harris, 2017 Del. Super. LEXIS 625 (Nov. 30, 2017).*