In Re GRAND JURY, 635 F.3d 101

Appellant is the target of a federal grand jury investigation in Scranton, Pennsylvania.
Federal agents obtained a search warrant, seized documents, and made copies of seized hard drives.
Agents agreed to provide the appellant with copies of the seized documents to mitigate inconvenience.
Appellant moved under Rule 41(g) for return of the property and related relief, arguing Fourth Amendment violations.
District Court denied the motion; the appeal followed, challenging the denial as well as the seal of the warrant affidavit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Rule 41(g) denial is final and appealable under Di Bella.	Appellant argues §1291 jurisdiction attaches to a final order denying return of property absent criminal linkage.	Government contends the denial is interlocutory because the motion also sought suppression of evidence.	Not final or appealable; denial is nonappealable because the motion sought suppression as well as return.
Whether ongoing grand jury investigation bar the appeal under Di Bella's second requirement.	Appellant asserts no independent proceeding and seeks only return of property.	Government notes ongoing grand jury investigation ties the motion to potential prosecution.	Not final or appealable; motion tied to a criminal prosecution in esse against the movant.

Di Bella v. United States, 369 U.S. 121 (1962) (final-judgment requirement for Rule 41(g) appeals; independent of criminal proceedings)
In re Grand Jury Proceedings (FMC Corp.), 604 F.2d 806 (3d Cir. 1979) (nonfinality where ongoing investigation; return vs. suppression context)
United States v. Furina, 707 F.2d 82 (3d Cir. 1983) (motion seeks suppression; appeal dismissed)
Pantelidis, 335 F.3d 226 (3d Cir. 2003) (general principle: return of property not final if government retains as evidence)
Premises Known as 608 Taylor Ave., 584 F.2d 1299 (3d Cir. 1978) (Di Bella second requirement met where no pending criminal proceeding of any kind)