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MLB steroid search case ("Balco") in the 9th Cir.: Massive seizures of documents and computer records for later evaluation is proper; Tamura especially valid in computer age

By John Wesley Hall, Jr.

The Major League Baseball steroid record search warrant case finally, 26 months after submission, comes out of the Ninth Circuit; all 112 pages of it; three consolidated appeals United States v. Comprehensive Drug Testing, 2008 U.S. App. LEXIS 1334 (9th Cir. January 24, 2008) (omitting some procedural arguments). The summary of the holding is from page 86: VII To summarize the resolution of these consolidated appeals: 1) We have no jurisdiction to address the legal foundation for the grant of the Rule 41(g) motion in the Central District of California, although we recognize that our authoritative interpretation of Tamura conflicts with the vision of Tamura upon which that order was based. The government cannot obtain redress for any alleged errors or impropriety in that order, where it failed to object in a timely manner...continue to full post

Full post as published by Fourth Amendment on January 25, 2008 (boomark / email).