The following excerpt is from J.B. Manning Corp. v. U.S., 86 F.3d 926 (9th Cir. 1996):
If a district court determines that property has been illegally seized, the proper question in deciding the merits of a 41(e) motion is not whether the officers acted in good faith, but whether returning the illegally seized documents would be "reasonable[ ] under all of the circumstances." See Ramsden v. United States, 2 F.3d at 326-27. If the government's investigatory and prosecutorial interests can be served by retaining copies of the documents, it is unreasonable for the government to refuse to return original documents to the owner. Id. at 327.
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