{"id":7426,"date":"2012-07-15T17:18:19","date_gmt":"2012-07-14T09:53:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-14T09:53:20","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7426","title":{"rendered":"M.D.Pa.: Motion for return of property where the government needs it as evidence denied"},"content":{"rendered":"<p>Motion for return of property where the government needs it as evidence will be denied. United States v. Donahue, 2012 U.S. Dist. LEXIS 96613 (M.D. Pa. July 12, 2012):<\/p>\n<blockquote><p>Here, Donahue has not met his burden to prove why he is entitled to the property. As his criminal prosecution is pending, Donahue has the burden to establish that he is entitled to the property. And, while Donahue argues that the property is not contraband, the Government has asserted that the property seized will be used as evidence in this case. As such, the Government&#8217;s ongoing need for the property as evidence in this case warrants the denial of Donahue&#8217;s motion. See, e.g., United States v. Stanton, No. 10-800, 2012 WL 2159355, at *6 (E.D. Pa. June 14, 2012).<\/p><\/blockquote>\n<p>Plaintiff\u2019s complaint that he was strip searched to his underwear by a female teacher survives summary judgment because there is no qualified immunity. Hotchkiss v. Garbo, 2012 U.S. Dist. LEXIS 96762 (E.D. Mich. July 12, 2012). <\/p>\n<p>A CPS entry of a home to take a child subject to alleged abuse where it was alleged that they reasonably should have known the complaint was unfounded stated a claim under the Fourth Amendment. Ross v. Cecil County Dep&#8217;t of Soc. Servs., 2012 U.S. Dist. LEXIS 97014 (D. Md. July 11, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=7426\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7426","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7426","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7426"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7426\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7426"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7426"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7426"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}