United States Eighth Circuit

Partial denial of defendant's motion for return of property under Fed. R. Crim. Pro 41(g) is affirmed in part and reversed in part where: 1) evidence indicated that another party had a claim of ownership interest adverse to defendant's stereo/video equipment and clothing found in his girlfriend's vehicle at the time of arrest; but 2) defendant was entitled to return of custom wheels installed on his girlfriend's vehicle as, evidence did not suggest that the property was abandoned, intended as a gift, or integrated under Missouri's doctrine of accession.

Appellate Information

• Decided 05/21/2008
• Published 05/21/2008

Judges

• BENTON, Circuit Judge., Before RILEY, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Eric Christian Bohnet, Indianapolis, IN, for appellant.


• For Appellees:
  
• Michael A. Price, U.S. Attorney's Office, argued, Cape Girardeau, MO, for appellee.