Legal Opinion

In re Search Warrant Issued July 14, 1987

District Court, N.D. Texas

Decided February 11, 1988No. Misc. No. 2433-DPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

A large scale search and seizure operation conducted by agents of the Internal Revenue Service has resulted in various Fed.R.Crim.P. 41(e) motions for return of property and a motion by the government to stay the proceedings indefinitely pending the outcome of a grand jury investigation. Because the court concludes that the Rule 41(e) movants have yet to make a colorable showing of irreparable injury, the court does not reach the government’s motion to stay, and instead affords the movants the opportunity to amend their pleadings to…

2Cases cited21 opinions

  1. G. M. Leasing Corp. v. United StatesSupreme Court of the United States · 1977
  2. Louis Sager Hunsucker, Jr. v. Robert L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1974
  3. Joseph W. Richey and Wife, Blanche Richey v. Jack E. SmithCourt of Appeals for the Fifth Circuit · 1975
  4. Klitzman, Klitzman and Gallagher v. Robert J. Krut, Vernon Holmes, W. Hunt Dumont, Michael MilnerCourt of Appeals for the Third Circuit · 1984
  5. Mr. Lucky Messenger Service, Inc. v. United States of AmericaCourt of Appeals for the Seventh Circuit · 1978

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3Cited by2 opinions

  1. Gulf Coast Pharmaceuticals Plus v. United StatesDistrict Court, S.D. Mississippi · 2023
  2. In Re Search Warrant IssuedCourt of Appeals for the Fifth Circuit · 1988

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