Federal prosecution does not confer on federal government constructive possession of defendant’s property seized by state during investigation

POSTCONVICTION RETURN OF PROPERTY United States v. Copeman, No. 04-7099, ___ F.3d ___ (10th Cir. Aug. 16, 2006)(E.D. Oklahoma). Appeal of district court’s denial of postconviction motion under Fed. R. Crim. P. 41(g) for return of property seized by Oklahoma law-enforcement officers during investigation that led to federal charges. HELD: Federal prosecution alone does not confer on federal government constructive possession of defendant’s property seized by state during investigation regardless of whether property is being held for federal authorities as potential evidence. Read the opinion here.