{"id":16968,"date":"2015-04-27T00:08:20","date_gmt":"2015-04-27T05:08:20","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16968"},"modified":"2015-04-27T15:53:48","modified_gmt":"2015-04-27T20:53:48","slug":"ca9-once-criminal-proceedings-are-over-the-original-search-isnt-an-issue-in-rule-41g-proceedings-for-return-of-property","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=16968","title":{"rendered":"CA9: Once criminal proceedings are over, the original search isn&#8217;t an issue in Rule 41(g) proceedings for return of property"},"content":{"rendered":"<p>Defendant\u2019s Rule 41(g) motion was granted in part and denied in part. The district court did not err in refusing to reconsider the original search question. \u201c[I]n the context of Rule 41, that after criminal proceedings are completed, \u2018the legality of the search and seizure is no longer an issue.\u2019\u201d <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2015\/04\/24\/13-30314.pdf\">United States v. Reynolds<\/a>, 2015 U.S. App. LEXIS 6807 (9th Cir. April 24, 2015).<\/p>\n<p>Defendant was on a commercial bus that crossed the border and was stopped again at a checkpoint inside the border. When the CBP officer talked to her, she avoided eye contact and touched her midsection. He asked her to lean forward, and he could see a bulge. She was found with heroin taped to her back, and this was with reasonable suspicion. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/14\/14-40873.0.pdf\">United States v. Molina<\/a>, 2015 U.S. App. LEXIS 6755 (5th Cir. April 23, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s Rule 41(g) motion was granted in part and denied in part. The district court did not err in refusing to reconsider the original search question. \u201c[I]n the context of Rule 41, that after criminal proceedings are completed, \u2018the legality &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=16968\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10,15,35,67],"tags":[],"class_list":["post-16968","post","type-post","status-publish","format-standard","hentry","category-border-search","category-f-r-crim-p-41","category-reasonable-suspicion","category-rule-41g-return-of-property"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16968","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16968"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16968\/revisions"}],"predecessor-version":[{"id":16987,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16968\/revisions\/16987"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16968"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16968"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16968"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}