IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 26, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
JORDAN CRITTLE, DEFENDANT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Defendant, in the above dismissed matter, has moved for a return of property that was seized in the criminal matter, to wit, a pill bottle and pipe. The government opposes the return of property based on its belief that the two pieces of property contain marijuana residue, and hence are contraband. The government implicitly concedes that the mere possession of paraphernalia does not violate state or federal law, at least with respect to the devices at issue here. See People v. Johnny O, 107 Cal. App. 4th 888, 132 Cal. Rptr. 2d 471 (2003); Cardenas Uriarte v. INS, 227 F.3d 1132, 1137 (9th Cir. 2000).
The property shall be returned. The government may remove any contraband residue, presumably by non-destructive washing, prior to return of the items.*fn1