Biophysics Chiropractic Center v. United States

MEMORANDUM *

Appellants Biophysics Chiropractic Center, Kathryn Hanes, and Madonna Alexandria Hanes (collectively, Biophysics) appeal from a district court order denying their motions to suppress evidence and return property seized in connection with search warrants issued on June 6, 2001.

*442 Biophysics’s “Motion to Challenge Probable Cause,” construed as a motion to suppress evidence, was denied on the ground that it was not yet ripe. The denial of a motion to suppress, when interlocutory and not brought by the government, is unappealable. United States v. Eccles, 850 F.2d 1357, 1362 (9th Cir.1988). Moreover, since the district court declined to address the merits of the underlying motion by dismissing on ripeness grounds, its order is not reviewable under the collateral order rule. See United States v. Pace, 201 F.3d 1116, 1119 (9th Cir.2000).

Biophysics also challenges the district court’s decision denying the “Motion to Quash Search Warrants,” construed as a motion for the return of property pursuant to Rule 41(e) (now codified at Fed. R.Crim. P. 41(g)). We may exercise jurisdiction to consider such an appeal only if the Rule 41(e) motion “is solely for return of property…