Does a defendant have the right to return his property to the government when the government no longer needs the property as evidence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Fitzen, 80 F.3d 387 (9th Cir. 1996):
Where, as here, the government no longer needs the property as evidence, the defendant is presumed to have the right to the return of his property. Id. The government, however, may overcome this presumption "by demonstrating 'a cognizable claim of ownership or right to possession adverse to that of [the defendant].' " Id. (quoting United States v. Palmer, 565 F.2d 1063, 1065 (9th Cir.1977) (alteration in original)).
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