CENTER ART GALLERIES-HAWAII, INC. v. U.S.

No. 88-2474.

875 F.2d 747 (1989)

CENTER ART GALLERIES-HAWAII, INC.; William D. Mett, Petitioners-Appellees, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 19, 1989.


Attorney(s) appearing for the Case

Leslie E. Osborne, Asst. U.S. Atty., Honolulu, Hawaii, for respondent-appellant.

Brook Hart, Hart & Wolff, Honolulu, Hawaii, and John R. Wing, Weil, Gotshal & Manages, New York City, for petitioners-appellees.

Before BOOCHEVER, REINHARDT and THOMPSON, Circuit Judges.


DAVID R. THOMPSON, Circuit Judge:

The government appeals the district court's order requiring the return of certain property pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure. The government makes three contentions: first, that the district court erred by holding that the search warrants which commanded seizure of the property were overbroad; second, that even if the warrants were overbroad, the district court should have denied the Rule 41(e) motion...

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