S.D.Ga.: Rule 41(g) doesn’t enable return of property the govt doesn’t have

Property not in the hands of the federal government cannot be ordered returned under Rule 41(g). Administratively forfeited case can’t be returned; there was a remedy. United States v. Morris, 2019 U.S. Dist. LEXIS 45071 (S.D.Ga. Mar. 19, 2019).

Defendant’s car being blocked in was a seizure because it meant he wasn’t free to leave. The officer had word that the car was stolen, and the VIN was run. Defendant claimed it wasn’t his car; he was just cleaning it out. There was, however, reasonable suspicion. United States v. Baca, 2019 U.S. Dist. LEXIS 45100 (D.N.M. Mar. 18, 2019).*

Defendant’s guilty plea waived his possible appeal of his suppression motion. People v. Brown, 2019 NY Slip Op 02178, 2019 N.Y. App. Div. LEXIS 2192 (3d Dept. Mar. 21, 2019).*

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