W.D.Mo.Bankr.: Criminal seizure for counterfeit labeling could not be addressed in Bankruptcy court

A bankruptcy adversary proceeding was instituted to get return of imported lamps with counterfeit Underwriters Laboratory stickers on them. They were seized because of the labels, and a federal prosecution started. The bankruptcy court has no jurisdiction over them because of the criminal case, and the remedy is in that court. In re Guildmaster, Inc., 2013 Bankr. LEXIS 1241 (Bankr. W.D. Mo. March 29, 2013). The standard for detention for Miranda purposes isn’t the same as for Fourth Amendment purposes. Here, the suppression order of defendant’s statement is set aside because he could not have understood he was in custody for Miranda purposes. People v. Pleshakov, 2013 CO 18, 2013 Colo. LEXIS 237 (March 25, 2013).* Disputed facts underlying a Fourth Amendment qualified immunity appeal means no appellate jurisdiction. Hernandez v. Grant, 2013 U.S. App. LEXIS 6299 (10th Cir. March 29, 2013).*