{"id":58988,"date":"2024-10-01T15:29:34","date_gmt":"2024-10-01T20:29:34","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58988"},"modified":"2024-10-01T15:37:52","modified_gmt":"2024-10-01T20:37:52","slug":"w-d-pa-a-state-court-dispute-over-return-of-seized-property-held-by-feds-heading-toward-contempt-was-removable-to-federal-court","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58988","title":{"rendered":"W.D.Pa.: A state court dispute over return of seized property held by feds heading toward contempt was removable to federal court"},"content":{"rendered":"\n<p>Defendant\u2019s property was seized under a state search warrant. Defendant sought return in state court, but it had been transferred to federal officers. They refused return. Contempt was sought against the federal officers in state court and this was removable to federal court. United States v. Roberts, 2024 U.S. Dist. LEXIS 175354 (W.D. Pa. Sep. 27, 2024).<\/p>\n\n\n\n<p>The trial court erred in excluding evidence of defendant\u2019s alcohol impairment because there was probable cause of impairment for the BAC warrant. State v. Haynes, 2024 Ga. App. LEXIS 375 (Sep. 30, 2024).*<\/p>\n\n\n\n<p>2254 appellant got his \u201cfull and fair opportunity\u201d to litigate his search claim in state court, so he gets no CoA here. Fuentes v. Harpe, 2024 U.S. App. LEXIS 24609 (10th Cir. Sep. 30, 2024).*<\/p>\n\n\n\n<p>Plaintiff sufficiently alleged false arrest and excessive force where he was rousted from his MGM hotel room at 4 am and arrested and detained for stealing a $25 chip at a craps table when the surveillance video showed it wasn\u2019t him. They wanted a white male and he was Hawaiian. Padilla v. Nev. Gaming Control Bd., 2024 U.S. Dist. LEXIS 176499 (D. Nev. Sep. 29, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s property was seized under a state search warrant. Defendant sought return in state court, but it had been transferred to federal officers. They refused return. Contempt was sought against the federal officers in state court and this was removable &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58988\">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":[50,126,20,67],"tags":[],"class_list":["post-58988","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-issue-preclusion","category-probable-cause","category-rule-41g-return-of-property"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58988","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=58988"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58988\/revisions"}],"predecessor-version":[{"id":58991,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58988\/revisions\/58991"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58988"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58988"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58988"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}