News Item-- SAN FRANCISCO Tuesday, November 24, 2009 (AP) — Federal officials are asking for a rehearing of an appeals court decision that said the government illegally seized a list of Major League Baseball players who tested positive for steroids.
Officials say their investigations have been hampered by the ruling, which established new rules for digital searches.
In a court filing Tuesday, the government asked the 27 judges of the 9th U.S. Court of Appeals to reconsider the case.
A panel of 11 9th Circuit judges ruled in August that investigators trampled on protections against unreasonable searches and seizures when they seized the list of 104 players who tested positive in the 2003 season. The investigators were armed with warrants for only the test results of 10 players.
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I hope the feds lose this appeal and you should, too, even if you never watch baseball. They had warrants for ten sets of results and that is all they should have gotten. Those were the results relative to the investigation they were conducting. If they later found evidence indicating that they needed to get results from other players, they could have gone back to a judge for an additional warrant. Grabbing 104 results when they had warrants for 10 is clearly overreaching.
The feds had no excuse for overreaching here. One wonders why they needed as many as ten results, except for the possibility that they wanted a pool of players some of whom they could pressure to rat out the drug designers at the BALCO lab. This was a run-of-the-mill drug investigation, not a terrorism case with lives in imminent danger. The only reason they didn’t get another warrant is that they think they it’s a pain in the butt.