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CA6: Lack of sufficient findings on a Rule 41 motion for return of property requires remand

By John Wesley Hall, Jr.

The plaintiff sought return under Rule 41 of surreptitiously recorded videotapes of adults in his bar in private areas because they were seized during a search but not used as evidence in his case. The district court made no findings as to whether the female subjects of the videos had a reasonable expectation of privacy where they were recorded. Remanded for findings. The court discusses the law of video voyeurism and the reasonable expectation of privacy. Savoy v. United States, 2010 U.S. App. LEXIS 9652, 2010 FED App. 0131P (6th Cir. May 12, 2010),* prior opinion affirming conviction, United States v. Savoy, 280 Fed. App’x 504, 506 (6th Cir.), cert. denied, 129 S. Ct. 742 (2008). Defendant’s arrest for carrying a weapon without a carry permit was based on probable cause, and that supported a further search of the car...continue to full post

Full post as published by Fourth Amendment on May 13, 2010 (boomark / email).