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U.S. v. COMPREHENSIVE DRUG TESTING, INC.

Nos. 05-10067, 05-15006, 05-55354.

473 F.3d 915 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. COMPREHENSIVE DRUG TESTING, INC., Defendant-Appellee. Major League Baseball Players Association, Petitioner-Appellee, v. United States of America, Respondent-Appellant. In Re Search Warrants Executed On April 8, 2004 AT CDT, Inc., Seal 1, Plaintiff-Appellant, v. Seal 2, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2006.

Attorney(s) appearing for the Case

Erika R. Frick, Assistant United States Attorney, San Francisco, CA, argued the cause for defendant-appellant United States of America; United States Attorney Kevin V. Ryan, Appellate Chief Hannah Horsley, Assistant United States Attorney Barbara J. Valliere, San Francisco, CA; and Assistant United States Attorneys Matthew A. Parrella, Ross W. Nadel, Jeffrey D. Nedrow, Carter M. Stewart, San Jose, CA, were on the briefs.

Elliot R. Peters, Keker & Van Nest, LLP, San Francisco, CA, argued the cause for movants-appellees Comprehensive Drug Testing, Inc., and Major League Baseball Players Association; Ethan A. Balogh, Keker & Van Nest, LLP, San Francisco, CA, and David P. Bancroft and Jeffrey C. Hallam, Sideman & Bancroft, LLP, San Francisco, CA, were on the brief.

Before DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS, and RICHARD C. TALLMAN, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether the United States may retain evidence it seized from Major League Baseball's drug testing administrator (and enforce an additional subpoena) as part of an ongoing grand jury investigation into illegal steroid use by professional athletes.

I

These three consolidated cases arise from the federal investigation of the Bay Area Lab Cooperative ("Balco") and its alleged distribution of illegal steroids...

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