Federal Rules of Criminal Procedure 41(g) provides for the return of
person's property once it no longera
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?

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?

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