Federal-Rules-of-Criminal-Procedure-41(g)

QUESTIONS PRESENTED : QUESTION 1 ‘ Federal Rules of Criminal Procedure 41(g) provides for the return of a ; ; person's property once it no longer serves a government purpose in the : prosecution of a criminal case. The Eleventh Circuit held the rule applies only to the executive branch, thus property in the possession of the judicial branch need not be returned to the owner. Is the Eleventh Circuit's atextual construction of Rule 41(g) correct? QUESTION 2 : The Eleventh Circuit Court of Appeals inserted the word government into the text of Federal Rule of Criminal Procedure 41(g). The appellate court, then defined “government" to mean an executive branch agency. Should the court of appeals have inserted the specially-defined non-existent word? i. | . | i