S.D.N.Y.: Court can’t return property under Rule 41(g) after civil forfeiture starts

Once a civil forfeiture proceeding has started, the court loses jurisdiction to consider a Rule 41(g) motion for return of property. United States v. Paulino, 2018 U.S. Dist. LEXIS 176893 (S.D. N.Y. Oct. 16, 2018).

The seizure of defendant’s cell phones was reasonable under the automobile exception. The delay in getting a search warrant for them was not unreasonable. United States v. Covington, 2018 U.S. Dist. LEXIS 177407 (N.D. Ga. Oct. 16, 2018).*