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Electronic Search and Seizure
The long-running BALCO steroid investigation that led to the indictment of Major League Baseball star Barry Bonds has resulted in a potentially landmark decision about how government agents apply for and execute search warrants for electronically stored information (ESI). In United States v. Comprehensive Drug Testing, Inc., 579 F.3d 989 (9th Cir. Aug. 26, 2009), an 11-member “en banc panel” of the Ninth Circuit affirmed a district court ruling ordering the government to return an overbroad set of electronic data seized under a search warrant. This decision may force the Department of Justice (DOJ) to adjust its procedures for ESI search warrants ' a common tool for gathering evidence ' in the midst of the government's recent efforts to step up enforcement of federal laws.
The 'Plain View' Doctrine
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