S.D.Ohio: Rule 41(g) motion to return property denied because of civil forfeiture; remedy is there

Defendant had four guns seized by ATF. His criminal case, was pending, but one count was dismissed without prejudice. A civil forfeiture action was filed, too. He filed a Rule 41(g) motion for return of property. The pending civil forfeiture requires him to pursue it there, not in the criminal case. Alternatively, the ATF agent’s affidavit shows the government still might need it for the dismissed count. United States v. Robinson, 2013 U.S. Dist. LEXIS 7887 (S.D. Ohio January 17, 2013). The officer had reasonable suspicion besides from defendant’s refusal to consent to one of two items in his possession, his backpack. A dog was called and alerted on has backpack, and that was probable cause. United States v. Morrison, 2013 U.S. Dist. LEXIS 7663 (D. Kan. January 18, 2013).* A CI told the police there was a brick of cocaine in defendant’s house, and police decided to do a knock-and-talk because it was at risk of leaving the premises if they waited much longer. The court finds, despite defendant’s claim of limited language skills in English, that he consented to a search and knew what he was doing when he consented. United States v. Garcia, 2013 U.S. Dist. LEXIS 6946 (E.D. Tenn. January 11, 2013).*