The following excerpt is from Smith v. U.S., 590 F.2d 304 (9th Cir. 1979):
We cannot agree. If appellant has suffered injury by wrongful governmental invasion of her privacy, she has her remedy in a civil suit for damages. However, she has no standing to demand the return of that which was seized unless she has a claim of ownership. In absence of such a claim illegality of a search and seizure bestows no right to recover that which was taken. United States v. King, 528 F.2d 68, 69 (9th Cir. 1975). The trial established that she was without such a claim. The motion for return presented the same issues as were resolved by trial.
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