Legal Opinion
Irvin Berless Bartlett v. United States
Court of Appeals for the Ninth Circuit
Decided May 1, 1963No. 18312_1PublishedCited by 13 opinions
1Per curiam
Appellant was sentenced on October-18, 1961, after a plea of guilty to a charge of violating Section 2314 of Title 18, United States Code.
Thereafter, appellant filed a mo-> tion for return of his money, under Rule 41(e), Fed.R.Crim.P. This is a method granted defendants to suppress evidence prior to trial. The owner of property subsequent to trial, may have a common law right, such as an action for replevin against law enforcement officers wrongfully seizing property, or claim under a libel action, United States v. Nirenberg, 19 F.R.D. 421 (E.D.N.Y.1956), but he has no right under Rule 41(e)…
2Cases cited2 opinions
- United States v. CasinoDistrict Court, S.D. New York · 1923
- United States v. NirenbergDistrict Court, E.D. New York · 1956
3Cited by13 opinions
- United States v. James Leroy MartinsonCourt of Appeals for the Ninth Circuit · 1987
- Ralphael Okoro v. William CallaghanCourt of Appeals for the Seventh Circuit · 2003
- Martin Onwubiko v. United StatesCourt of Appeals for the Second Circuit · 1992
- United States v. Thomas Anthony Ceraso, in No. 72-1279 Appeal of Beverly Ceraso, in 72-1280. Appeal of John E. Troutman, in 72-1284Court of Appeals for the Third Circuit · 1972
- United States v. Harold Wellington Rapp, Harold Wellington Rapp v. United StatesCourt of Appeals for the Eighth Circuit · 1976
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