Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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Case 2:04-cr-00313-FJM Document 247 Filed 10/21/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, Plaintiff, vs.

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CR-04-313-PHX-FJM ORDER

The court has before it defendant Austin's motion for summary relief (doc. 244), the government's response, and Austin's reply. In our order dated August 15, 2005, we denied Austin's motion for return of seized property without prejudice. We gave the United States 60 days within which to decide whether it will proceed with a case against Austin. No action having been taken by the government, Austin now seeks the return of his property. The government's response is not unlike its response to the original motion. The government does not tell us what efforts it has made to pursue the matter against Austin, by way of criminal charges or forfeiture. The government would just like to hold on to the items seized in the event it decides to proceed in the future. Under these circumstances, we think that Austin is entitled to the return of his property under "reasonable conditions to protect

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access to the property and its use in later proceedings" within the meaning of Rule 41(g), Fed. R. Crim. P. Accordingly, IT IS ORDERED GRANTING defendant Austin's motion for return of personal property (doc. 244) on the following conditions: 1. The government will return the property no later than November 18, 2005. This will give the government additional time to seek further judicial review of this court's decision if it chooses to do so, or proceed against Austin. 2. The government may photograph or otherwise copy the evidence for potential use in the future. 3. Having successfully asserted a claim to this property, Austin will be estopped in any future civil or criminal proceeding from denying that the property is his and the circumstances under which it was seized. The property which is subject to this order consists of the clothes and cash seized in May of 2003. DATED this 20th day of October, 2005.

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