Lewis De Payne Bonnie Vitello v. United States

60 F.3d 832 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lewis DE PAYNE; Bonnie Vitello, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 93-56630. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 3, 1995. Before: NOONAN, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Appellants Lewis De Payne and Bonnie Vitello appeal from the district court's denial of their Rule 41(e) motion for return of property. 3 * Rule 41(e) of the Federal Rules of Criminal Procedure provides, in relevant part: 4 A person aggrieved by an unlawful search and seizure or by the deprivation of property may move the district court for the district in which the property was seized for the return of the property on the ground that such person is entitled to lawful possession of the property. 5 Appellants claim that the search warrants authorizing the searches at issue were not supported by probable cause. 6 Probable cause exists when,…