United States v. Joseph Giacalone and One 1975 Mercury Four-Door Automobile, Maroon in Color, Bearing License Plate Number Tms 416

WEICK, Circuit Judge.

The Government has appealed from an order of the United States District Court for the Eastern District of Michigan granting a motion for return of seized property under Fed.R.Crim.P. 41(e). The seized property consisted of an automobile and its contents belonging to Joseph Giacalone. The automobile and contents were seized by the FBI pursuant to a search warrant issued by a United States Magistrate. The District Court held that the affidavit for the warrant submitted to the Magistrate did not allege sufficient facts to support the Magistrate’s finding of probable cause.…