In Savoy v. US, No.08-6240, the Sixth Circuit faced a challenge to the district court's partial denial of defendant's Fed. Rule of Crim. Proc. 41(g) motion for return of videos, whose subjects were adults who were not aware that they were being recorded, in a prosecution for child-pornography related charges.
As stated in the decision: "The district court found that 'the tapes were made using a hidden camera, and the females were not aware that they were being taped in various stages nudity and/or performing sex acts,' but the court did not make an explicit finding as to whether the females were 'in a place where there is a reasonable expectation of privacy' as required under section 39-13-605."
Thus, the court vacated the district court's judgment with respect to the twenty videotapes at issue and remanded for the district court to make findings of fact that will enable it to determine whether, consistent with Fed. Rules of Crim. Proc. 41(g), defendant is entitled to lawful possession of the videotapes under Tennessee Code Ann. section 39-13-605.
- Full text of Savoy v. US