- 42 - return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and shall be verified by the officer. The federal magistrate judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant. An employee of respondent’s made a detailed inventory of the items seized pursuant to the warrant (the inventory). Fed. R. Crim. P. 41(d) requires that, upon request, the Federal magistrate shall deliver a copy of such inventory to the person from whom or from whose premises the property was taken. We assume that person to be AMCOR, with whom petitioner was closely related (petitioner describes himself as an “AMCOR principal”). On brief, petitioner states that the inventory was filed under seal. Even if that were so, petitioner has failed to show any effort to unseal the inventory and produce it in support of petitioner’s claim that partnership books and records were seized pursuant to the warrant. Petitioner does not argue that the inventory would fail to show whether or not partnership books and records were seized pursuant to the warrant. Petitioner’s failure to produce the inventory or any other evidence that partnership books and records were seized pursuant to the warrant leads to the inference that either such evidence does not existPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011