For the third time, the 9th Circuit Court of Appeals today upheld the suppression of records in the Balco lab case.
A full 11-judge panel of the appeals court agreed to reconsider its August 2009 three-judge decision that the government violated the rights of players not covered by the search warrant and must return the confiscated drug-testing records to the Major League Baseball Players Assn. The appellate judges also upheld the lower-court rulings that all subpoenas issued as a result of the excessive seizure had to be quashed.
The illegally obtained evidence included results indicating that 104 Major League Baseball players had tested positive for steroid use during a 2003 confidential screening.
The opinion is here. [More...]
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