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U.S. POSTAL SERVICE v. C.E.C. SERVICES

No. 606, Docket 88-6196.

869 F.2d 184 (1989)

UNITED STATES POSTAL SERVICE, Plaintiff-Appellee, v. C.E.C. SERVICES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 6, 1989.

Attorney(s) appearing for the Case

Elizabeth St. Clair, New York City (David B. Goldstein, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York City, of counsel), for defendant-appellant.

Kathleen M. Mehltretter, Asst. U.S. Atty. W.D. New York, Buffalo, N.Y. (Dennis C. Vacco, U.S. Atty. W.D. New York, Buffalo, N.Y., of counsel), for plaintiff-appellee.

Before KAUFMAN, WINTER and MINER, Circuit Judges.

WINTER, Circuit Judge:

This appeal presents the question of whether the denial of a Fed.R.Crim.P. 41(e) motion for return of property seized pursuant to two search warrants is appealable by a party which was, but is no longer, the subject of a grand jury investigation. We hold that it is. In addition, we affirm the district court's upholding of the search warrants.

BACKGROUND

In July 1987, United States postal inspectors applied for a search warrant...

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