C.D.Ill.: Evidence used at trial not subject to return under Rule 41(g)

That which was used as evidence at trial is not yet subject to return under Rule 41(g). The government responded by affidavit. United States v. Hathaway, 2019 U.S. Dist. LEXIS 104035 (C.D. Ill. June 21, 2019).

“It was error as a matter of law to require Ebert, as the proponent of a motion seeking the return of property seized from him, to prove ownership of the property seized. We thus reverse the order and remand this matter for further proceedings applying the correct burden of proof.” State v. Ebert, 303 Neb. 394 (Jun 21, 2019).