J.B. MANNING CORP.; Joyce B. Manning, Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee

Bad Law
86 F.3d 926·96 Daily Journal DAR 7101·1996 WL 333690·1996 U.S. App. LEXIS 14746·96 Cal. Daily Op. Serv. 4387
United States Court of Appeals for the Ninth CircuitJune 19, 199695-55556California1,039 words

Opinion

Opinion

Farris, J.

This case requires us to decide whether the good faith exception announced in United States v. Leon, 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984) applies to a motion for return of property under Fed.R.CrimJP. 41(e).

BACKGROUND

The United States Customs Service suspected that the J.B. Manning Corporation was undervaluing imported items to reduce the amount of customs duties owed to the United States. After receiving an affidavit from a federal agent, a magistrate judge issued a search warrant permitting Customs Service agents to seize the following items from the Manning property:

Customs Service agents presented the search warrant to Joyce Manning, executed the search, and seized various items. Following the search, agents returned to Ms. Manning a laptop computer. The agents also informed Manning’s lawyer that any documents identified as essential to the operation of J.B. Manning Corporation would be returned or photocopied.

Manning then filed a motion under Fed. R.Crim.P. 41(e) for a return of seized property. Rule 41(e) allows a person “aggrieved by an unlawful search and seizure” to move “for the return of the property on the ground such person is entitled to…

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