• Home
  • News
  • Feds Intentionally Overreached Seizing 100 MLB Steroids Tests, 9th Cir. Rules

Entertainment & Sports Law

Feds Intentionally Overreached Seizing 100 MLB Steroids Tests, 9th Cir. Rules

Posted Aug 26, 2009 5:59 PM CST
By Martha Neil

Federal authorities had warrants authorizing the seizure of steroid-test results for less than a dozen Major League Baseball players. But, in "an obvious case of deliberate overreaching by the government in an effort to seize data as to which it lacked probable cause,” they seized positive test results for 100 players in a 2004 raid, the 9th U.S. Circuit Court of Appeals says in a 9-2 en banc ruling today.

The opinion (PDF), which was authored by Chief Judge Alex Kozinski, concerns 2003 private testing in which the players were promised anonymity. Unless the government successfully appeals to the U.S. Supreme Court, the improperly seized test results will now be destroyed, reports the San Jose Mercury News.

However, even though the steroid test information is under a court confidentiality order, significant damage has already been done by the illegal seizure, contends a lawyer for the Major League Baseball Players Association, which sued the government in the case. "The unfortunate thing is that people illegally leaked information that was unconstitutionally seized," attorney Elliot Peters tells the newspaper. "Peoples' reputations have been damaged because of that."

Additional coverage:

Am Law Daily: "Ninth Circuit Delivers Big Drug Test Win for Baseball Players, Three Firms"

New York Times: "Court Rules Players' 2003 Drugs Tests Were Improperly Seized"

San Francisco Chronicle: "Feds improperly seized players' steroid tests"

Comments

1.

B. McLeod
Aug 26, 2009 10:03 PM CST

And it would be a crying shame for anyone’s reputation to be damaged, simply because they tested positive for steroids.

Flag this comment

2.

Thessayist
Aug 27, 2009 3:44 AM CST

Comment removed by moderator.

Flag this comment

3.

Abraham Ben Judea
Aug 27, 2009 9:10 AM CST

where would us lawyers be without our constitution? The most perfect Abstractual document created thus far.

Flag this comment

4.

J. Loya
Aug 28, 2009 1:12 AM CST

The feds should NEVER have seized those tests, and NONE of the names should have ever been released. If it wasn’t for the crap shoot legal document we call our Consititution, none of this would have ever happened.

Flag this comment

Add a Comment

We welcome your comments, but please adhere to our comment policy.

Commenting has expired on this post.