The Justice Department's aggressive steroids probe has led the 9th Circuit to enunciate a new set of Fourth Amendment protections for the digital age. In an en banc opinion Wednesday that split conservatives on the court, Chief Judge Alex Kozinski said federal agents were wrong to seize an overly broad swath of computer files containing drug test results, which included results for Major League Baseball players. Kozinski's opinion provided specific guidance on applying the plain view doctrine to data searches.
9th Circuit Sets Doctrine for Electronic Searches, Finds Steroids Case Search Unlawful
August 27, 2009