{"id":30429,"date":"2017-12-01T08:00:33","date_gmt":"2017-12-01T13:00:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30429"},"modified":"2017-12-01T08:00:33","modified_gmt":"2017-12-01T13:00:33","slug":"e-d-mich-rule-41g-motion-denied-for-failure-to-show-entitlement-to-seized-property","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=30429","title":{"rendered":"E.D.Mich.: Rule 41(g) motion denied for failure to show entitlement to seized property"},"content":{"rendered":"

For Rule 41(g) motion to return property: \u201cFlemming has failed to prove that he is a \u2018person aggrieved by an unlawful search and seizure.\u2019 In his motion, Flemming does not challenge the legality of the search and seizure in question. Flemming has also failed to prove that he is \u2018lawfully entitled to possess the property,\u2019 and does not make any showing as to why the plans should be returned to him rather than to Carlos Powell, from whom the plans were seized.\u201d United States v. Flemming, 2017 U.S. Dist. LEXIS 195523 (E.D. Mich. Nov. 29, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"

For Rule 41(g) motion to return property: \u201cFlemming has failed to prove that he is a \u2018person aggrieved by an unlawful search and seizure.\u2019 In his motion, Flemming does not challenge the legality of the search and seizure in question. … Continue reading →<\/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":[104,67],"tags":[],"class_list":["post-30429","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-rule-41g-return-of-property"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30429","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=30429"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30429\/revisions"}],"predecessor-version":[{"id":30430,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30429\/revisions\/30430"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30429"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30429"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30429"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}