Court: Investigators wrong to seize list
Updated: August 26, 2009, 7:54 PM ET
Associated Press
SAN FRANCISCO -- An appeals court ruled Wednesday that federal agents were wrong to seize the infamous drug list and samples of 104 Major League Baseball players who allegedly tested positive for performance-enhancing drugs in 2003.
In a 9-2 vote, the 9th U.S. Circuit Court of Appeals agreed with three lower court judges who chastised investigators who had a warrant for only 10 drug test results as part of the BALCO investigation into Barry Bonds and others.
"This was an obvious case of deliberate overreaching by the government in an effort to seize data as to which it lacked probable cause.
” -- 9th U.S. Circuit Court of Appeals chief judge Alex Kozinski
The panel said federal agents trampled on players' protections against unreasonable searches and seizures.
Chief Judge Alex Kozinski said the players' union had good reason to want to keep the list under wraps, citing leaks of players purportedly on the list.
"The risk to the players associated with disclosure, and with that the ability of the Players Association to obtain voluntary compliance with drug testing from its members in the future, is very high," the judge wrote. "Indeed, some players appear to have already suffered this very harm as a result of the government's seizure."
[ame="http://sports.espn.go.com/mlb/news/story?id=4424048"]Court: Investigators wrong to seize MLB drug list - ESPN[/ame]
