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This guide is only an introduction to the law of recovery of seized property. It offers a general outline of the procedure a party may use to request that the government return property it has taken as the result of an unlawful seizure, or a seizure where the person is aggrieved by the government's continued possession of it.
Note that the focus of the guide is on the RETURN of property, NOT the suppression of evidence, nor the response to a forfeiture proceeding.
Federal Rule of Criminal Procedure Rule 41(g), 18 USCS states:
"A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return. The motion must be filed in the district where the property was seized. The court must receive evidence on any factual issue necessary to decide the motion. If it grants the motion, the court must return the property to the movant, but may impose reasonable conditions to protect access to the property and its use in later proceedings."