(Download) "Sovereign News Co. V. United States" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Sovereign News Co. V. United States
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 06, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The Sovereign News Company appeals an order denying a motion for the return of copies of property seized during an obscenity investigation. The United States seized certain films, books, and business records during the investigation which culminated in a 1978 trial and acquittal. After the trial, the government returned all original evidence, but retained copies of the business records. Sovereign News then filed this motion under Fed. R. Crim. P. 41(e), claiming that the government must also return the copies because the originals were illegally seized. In 1976, while the obscenity proceedings were pending, Sovereign News filed a similar motion relating to the original evidence. This court held that it did not have jurisdiction to hear the 1976 motion because of the ongoing obscenity prosecution. Sovereign News Company v. United States, 544 F.2d 909 (6th Cir. 1976) (per curiam), cert. denied, 434 U.S. 817, 54 L. Ed. 2d 73, 98 S. Ct. 55 (1977). In the present matter, the United States urges us to reach a similar holding of "no jurisdiction" because the government claims the business records in question are now relevant to an ongoing criminal tax investigation.