FRCP, Fourth Amendment
(Summary judgment rulings on merits.)
Sua sponte grant of summary judgment on affirmative defense of statute of limitations procedurally prejudiced the nonmovant, and is barred under FRCP.
Warrant in civil forfeiture action that did not explicitly incorporate the supporting affidavit was insufficiently particular. Error by the court below in holding that evidence preservation and discovery obligations meant that the evidence was admissible under inevitable discovery, since the action at the time of the service of warrant imposed limited production requirements.
Seven page caption.
In re 650 Fifth Avenue and Related Properties
