When there are no criminal proceedings pending against the movant, can Rule 41(e) motions be treated as proceedings in equity?
MultiRegion, United States of America
The following excerpt is from U.S. v. Marolf, 173 F.3d 1213, 1999 WL 198913 (9th Cir. 1999):
Rule 41(e) motions are treated as proceedings in equity when there are no criminal proceedings pending against the movant. See United States v. Martinson, 809 F.2d 1364, 1366 (9th Cir.1987).
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