Legal Question in Criminal Law in California

Motion to quash defective warrant/motion for return of property
The IRS executed a raid/Search warrant on my home and office 32 months ago. The warrants were defective under the 9th court cases of US v Kow, US v. McGrew, and US v. Gannt. The USDC would not quash the warrants and returned very little property, stating that since there has never been an indictment the motion to quash/motion to return property was to be construed as a motion to suppress, and we would have remedy if there was an indictment. We appealed to the 9th, who stated on the transcript of the hearing that the warrants were ''dead bang losers'' under US v Bridges, and asked gov't counsel ''why don't you just end this?'' The written opinion just came down, and the 9th basically said the USDC only had jurisdiction to hear the motion for return of property. I realise you cannot ask for suppression of evidence without an indictment, but what about a motion to quash defective warrants without an indictment? Even if property is finally returned, without the quesh it seems to leave the bad warrant issue up in the air?

Asked on 3/03/04, 12:55 pm

robert nudelman criminal defense associates

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Re: Motion to quash defective warrant/motion for return of property

Thank you for your email. Please submit it to our appeals expert, Mr. Mark McBride at [email protected]

Answered on 3/03/04, 5:34 pm

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