STUART v. RECH

No. 09-3857.

603 F.3d 409 (2010)

James STUART, Jr., Plaintiff-Appellant, v. Matthew J. RECH III, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 5, 2010.


Attorney(s) appearing for the Case

James A. Stuart, Jr. (submitted), Delafield, WI, pro se.

Jonathan S. Cohen, Steven K. Uejio, Department of Justice, Tax Division, Appellate Section, Washington, DC, for Defendant-Appellee.

Before BAUER, POSNER, and EVANS, Circuit Judges.


POSNER, Circuit Judge.

A magistrate judge issued a warrant for federal officers to search the premises of a company of which James Stuart is a principal, for evidence of tax evasion. Stuart moved for the return of the property seized in the search, arguing that the search had violated the Fourth Amendment. The motion was assigned to the magistrate judge who had issued the warrant, and he properly construed it as a motion for return of property under Rule 41(g) of...

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