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W.D.Pa.: Seizure of third-party's property justifies hearing under Rule 41(g)

By John Wesley Hall, Jr.

A third-party has Rule 41 standing to at least get a hearing on seizure of his property when he is not a target of a criminal investigation. United States v. Begolly, 2011 U.S. Dist. LEXIS 20755 (W.D. Pa. March 2, 2011): We disagree that such a jurisdictional prerequisite exists before we can consider the merits of Mr. Begolly’s Motion. Rather, we find that where, as here, we have a pre-indictment seizure of property of a third party not under investigation, we must weigh the interests of the government in holding the property against the owner’s rights to use the property,” i.e. is the retention of Mr. Begolly’s property reasonable considering all circumstances. See United States v. Premises Known as 608 Taylor Avenue, Apartment 302, Pittsburgh, Pa...continue to full post

Full post as published by Fourth Amendment on March 07, 2011 (boomark / email).