United States v. Comprehensive Drug Testings, Inc

579 F.3d 989 (9th Cir. 2009)

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Nature of the Case

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Facts

The Major League Baseball Players Association entered into a collective bargaining agreement with Major League Baseball providing for suspicionless drug testing of all players. The players were assured that the results would remain anonymous and confidential; the purpose of the testing was solely to determine whether more than five percent of players tested positive, in which case there would be additional testing in future seasons. Comprehensive Drug Testing, Inc. (CDT), an independent business, administered the program. The actual tests were performed by Quest Diagnostics, Inc. CDT maintained the list of players and their respective test results; Quest kept the actual specimens on which the tests were conducted. Federal authorities learned of ten players who had tested positive in the CDT program. The government secured a grand jury subpoena seeking all 'drug testing records and specimens' pertaining to Major League Baseball in CDT's possession. CDT and the Players tried to negotiate a compliance agreement with the government but, when negotiations failed, moved to quash the subpoena. The government obtained a warrant in the Central District of California, but it was limited to the records of the ten players as to whom the government had probable cause. When the warrant was executed, the government seized and promptly reviewed the drug testing records for hundreds of players in Major League Baseball (and a great many other people). CDT and the Players moved under 41(g), for return of the property seized. Judge Cooper found that the government had failed to comply with the procedures specified in the warrant and, on that basis and others, ordered the property returned. The same resulted occurred in Nevada where the judge ordered the government to return the property it had seized, with the exception of materials pertaining to the ten identified baseball players. CDT and the Players finally moved in the Northern District under 17(c), to quash the latest round of subpoenas. The judge quashed the subpoenas. All three judges expressed grave dissatisfaction with the government's handling of the investigation, some going so far as to accuse the government of manipulation and misrepresentation. This appeal resulted.