The following excerpt is from Rodgers v. United States, 158 F. Supp. 670 (S.D. Cal. 1958):
In Weeks v. United States, 1913, 232 U.S. 397, 34 S.Ct. 346, 58 L.Ed. 652, the court commented on the general rule of practice,that the court when engaged in trying a criminal case will not take notice of the manner in which witnesses have possessed themselves of papers, or other articles of personal property, which are material and properly offered in evidence, by saying that this rule would not apply to an application for return of papers seized seasonably made.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.