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CA3: Denial of Rule 41(g) motion that was really a suppression motion is not appealable

By John Wesley Hall, Jr.

Motion for return of property seized from offices and computers under Rule 41(g) was really a suppression motion, so denial of the motion was unappealable because it was not a final order. In re Grand Jury, 2011 U.S. App. LEXIS 2988 (3d Cir. February 16, 2011): Our decision in United States v. Furina, 707 F.2d 82 (3d Cir. 1983), is also instructive. There, during a grand jury investigation, federal agents obtained and executed warrants to search the appellants’ residences; the agents seized various documents for presentation to the grand jury. Claiming that the search and seizure were invalid, the appellants filed a motion for return of the documents. The District Court denied the motion, and an appeal followed. We dismissed the appeal...continue to full post

Full post as published by Fourth Amendment on February 18, 2011 (boomark / email).