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CA9 denies rehearing en banc in CDT

By John Wesley Hall, Jr.

The Ninth Circuit in United States v. Comprehensive Drug Testing, Inc., No. 05-10067 (9th Cir. September 13, 2010), denied rehearing en banc and revised its opinion without the entire court of 24 acting. No further petitions for rehearing will be allowed. (Prior en banc opinion 579 F.3d 989 (9th Cir. 2009), posted here.) Concluding Thoughts This case well illustrates both the challenges faced by modern law enforcement in retrieving information it needs to pursue and prosecute wrongdoers, and the threat to the privacy of innocent parties from a vigorous criminal investigation. At the time of Tamura, most individuals and enterprises kept records in their file cabinets or similar physical facilities. Today, the same kind of data is usually stored electronically, often far from the premises...continue to full post

Full post as published by Fourth Amendment on September 14, 2010 (boomark / email).