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