Was the seizure of the passports authorized by the search warrant? IINAL, but based on my reading of the warrant the only way they would be is if they were stored together with things that they were authorized to take.
If not, why would this not be considered "stolen"?
I read the warrant that way too, but it makes sense that he would store his passport with other important papers. Not everyone stores their passport in their underwear drawer.
Runs to check if it's still there.And I don't know if it would be considered "stolen", because it's not his property.
§ 51.7 Passport property of the U.S. Government.
(a) A passport at all times remains the property of the United States and must be returned to the U.S. Government upon demand.
(b) Law enforcement authorities who take possession of a passport for use in an investigation or prosecution must return the passport to the Department on completion of the investigation and/or prosecution.
https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-A/section-51.7