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TACH
Retired Number
Joined: 03 Nov 2005
Posts: 28461
Location: Chillin on the Delaware.. from the Jersey Side
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 Posted: Thu Dec 28, 2006 11:56 am Post subject: So much for Confidential Medical Records |
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| Quote: | Feds can use baseball drug test names
More than 100 Major League Baseball players can have their names and positive drug tests used by federal authorities in their ongoing steroid investigation as a result of a decision by a federal appeals court.
Wednesday's ruling, which overturned decisions by three lower courts, by the 9th U.S. Circuit Court of Appeals in San Francisco could enhance the government's investigation into whether Barry Bonds committed perjury when he told a grand jury he never knowingly used steroids.
However, Bonds' lawyer said he's not concerned.
"If he had tested positive, boy, that would have leaked out already," Michael Rains said. "But they didn't bother to leak anything out because they knew it was negative."
The tests were conducted in 2003 as part of baseball's survey to determine whether to implement a stricter policy, which began in 2004 after more than 100 of the approximately 1,200 players had positive results.
Federal investigators raided testing labs in California and Nevada, seeking the results of 10 players — among them Bonds, Jason Giambi and Gary Sheffield— who were subpoenaed to testify in front of the grand jury probing BALCO.
Wednesday's ruling revealed eight of those players tested positive in 2003, though they were not identified.
The raid also produced information on all the tests, which were supposed to be kept confidential. The players association sued to have the records returned, arguing their seizure violated the players' Fourth Amendment rights.
The 9th Circuit Court disagreed in a 2-1 vote, leaving the union with no recourse other than requesting the full court review the case or taking it to the U.S. Supreme Court.
"We are pleased" with the ruling, U.S. Attorney Kevin Ryan said in a statement. "We will continue to review the 125-page opinion to determine what the next investigative step may be." |
All this, just to try to prove Barry lied.... There has to be something better for these guys to do... |
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Lakers_2000
Star Player
Joined: 12 Apr 2001
Posts: 8333
Location: Cincinnati, OH
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| Posted: Thu Dec 28, 2006 12:16 pm Post subject: |
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| The 9th Circuit Court of Appeals. That says it all. |
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TACH
Retired Number
Joined: 03 Nov 2005
Posts: 28461
Location: Chillin on the Delaware.. from the Jersey Side
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| Posted: Thu Dec 28, 2006 12:36 pm Post subject: |
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| Lakers_2000 wrote: | | The 9th Circuit Court of Appeals. That says it all. |
9th Court? Bad decisions in the past? |
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Lakers_2000
Star Player
Joined: 12 Apr 2001
Posts: 8333
Location: Cincinnati, OH
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| Posted: Thu Dec 28, 2006 1:40 pm Post subject: |
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| Horrible. I'm not even a lawyer and know how bad the 9th Circuit is. They are constantly reversed by the US Supreme Court, much more than anyone else. I wouldn't be surprised if this case is the latest to be reversed. |
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angel
Franchise Player
Joined: 31 Jul 2004
Posts: 14226
Location: city of angels
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| Posted: Thu Dec 28, 2006 2:08 pm Post subject: |
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If you want to dispense with any notion of privacy, become a public figure.
_________________
"Darkness cannot drive out darkness. Only light can do that. Hate cannot drive out hate. Only love can do that." ~~Martin Luther King Jr.~~ |
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DuncanIdaho
Franchise Player
Joined: 26 Apr 2004
Posts: 17251
Location: In a no-ship
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| Posted: Thu Dec 28, 2006 5:39 pm Post subject: |
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Well, the reason the 9th is reversed by the supreme court more than other circuit courts is twofold:
1 - they cover a population that is MUCH larger than any other circuit court. Last I heard there were plans to split it up.
2 - it's based in SF and it's pretty liberal. The SC has a conservative majority. |
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Tark the Shark
Star Player
Joined: 07 May 2006
Posts: 3510
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| Posted: Thu Dec 28, 2006 6:30 pm Post subject: |
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The 4th Amendment protects you from unreasonable search and seizures. Steroids are illegal unless prescribed by a doctor for a medical condition. Even if MLB didn't ban steroids, players taking them were violating federal law. Therefore, the search and seizure of the records is reasonable and supported by probable cause that the players violated a drug law.
A liberal court is more likely to protect a citizen's rights to privacy than a conservative court. This has little to do with liberal versus conservative and a lot to do with the court's interpretation of the 4th Amendment which the players association claimed was violated. |
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postandpivot
Retired Number
Joined: 16 Sep 2003
Posts: 36822
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| Posted: Fri Dec 29, 2006 3:23 pm Post subject: Re: So much for Confidential Medical Records |
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| TACH wrote: | | Quote: | Feds can use baseball drug test names
More than 100 Major League Baseball players can have their names and positive drug tests used by federal authorities in their ongoing steroid investigation as a result of a decision by a federal appeals court.
Wednesday's ruling, which overturned decisions by three lower courts, by the 9th U.S. Circuit Court of Appeals in San Francisco could enhance the government's investigation into whether Barry Bonds committed perjury when he told a grand jury he never knowingly used steroids.
However, Bonds' lawyer said he's not concerned.
"If he had tested positive, boy, that would have leaked out already," Michael Rains said. "But they didn't bother to leak anything out because they knew it was negative."
The tests were conducted in 2003 as part of baseball's survey to determine whether to implement a stricter policy, which began in 2004 after more than 100 of the approximately 1,200 players had positive results.
Federal investigators raided testing labs in California and Nevada, seeking the results of 10 players — among them Bonds, Jason Giambi and Gary Sheffield— who were subpoenaed to testify in front of the grand jury probing BALCO.
Wednesday's ruling revealed eight of those players tested positive in 2003, though they were not identified.
The raid also produced information on all the tests, which were supposed to be kept confidential. The players association sued to have the records returned, arguing their seizure violated the players' Fourth Amendment rights.
The 9th Circuit Court disagreed in a 2-1 vote, leaving the union with no recourse other than requesting the full court review the case or taking it to the U.S. Supreme Court.
"We are pleased" with the ruling, U.S. Attorney Kevin Ryan said in a statement. "We will continue to review the 125-page opinion to determine what the next investigative step may be." |
All this, just to try to prove Barry lied.... There has to be something better for these guys to do... |
^^^PAAAAATHETIC. Court time to Fry BONDS. Ridiculous. This is something I can't stand about America. and I'm sorry I have to talk about the country as if its not my own. My goodness. I know you have something else better to do. How many other Real deal cases did you drop to make room for this one??????
Seriously Roids+Bonds= Wasted Tax dollars.
you want to start cutting money to help that deficit. start here with this foolishness. if it cost more then a 100bucks to look into. and its about a game. A GAME. dont look into it. as a Tax Payer. I feel violated once again.
I'll tell the people. YES BALCO BONDS was on Roids at somepoint. or some other enhancer. and So was 40% of baseball. probably more then that. I'll say it again for those who were not here during the debate. I dont condone the use of enhancers. But they use steroids to make you heel faster, they use supplements everyday that are non Roids. but are SUPPLEMENTS. not part of your normal everyday meal.
anything that isn't on your plate as food is a supplement. those shakes included. wanna keep comparing these guys to the old schoolers from back in the day. well be honest. they weren't messing with Creatine either. get off of that also.
the reason half the players are ticked at Barry is because they also got Juiced up. and it didn't work. or work as well for them. Wouldn't you be ticked as well? the other half actually dont use roids so they feel cheated. let me remind you. Barry in Junior high before minus the roids was better then most MLB players. And thats a fact. just because we dont like his attitude. doesn't change that fact. the man was born to play baseball. juice or no juice.
look at these pitchers. you telling me these guys aren't juiced? come on. all that heat for extended periods. Juice Batter for Juice Pitcher= even playing field ladies and gents.
End of discussion. stop wasting our tax dollars on this Day Time Days of our Lives Drama nonsense. |
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TACH
Retired Number
Joined: 03 Nov 2005
Posts: 28461
Location: Chillin on the Delaware.. from the Jersey Side
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| Posted: Fri Dec 29, 2006 3:56 pm Post subject: |
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| Tark the Shark wrote: | The 4th Amendment protects you from unreasonable search and seizures. Steroids are illegal unless prescribed by a doctor for a medical condition. Even if MLB didn't ban steroids, players taking them were violating federal law. Therefore, the search and seizure of the records is reasonable and supported by probable cause that the players violated a drug law.
A liberal court is more likely to protect a citizen's rights to privacy than a conservative court. This has little to do with liberal versus conservative and a lot to do with the court's interpretation of the 4th Amendment which the players association claimed was violated. |
So the gov't can go to any corporation that has a drug testing policy and ask for the names of the people who failed? |
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angel
Franchise Player
Joined: 31 Jul 2004
Posts: 14226
Location: city of angels
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| Posted: Mon Jan 01, 2007 2:29 am Post subject: |
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Big Brother is watching you.
_________________
"Darkness cannot drive out darkness. Only light can do that. Hate cannot drive out hate. Only love can do that." ~~Martin Luther King Jr.~~ |
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Kobe>Lebron
Star Player
Joined: 20 Aug 2002
Posts: 3571
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| Posted: Mon Jan 01, 2007 11:25 am Post subject: |
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| DuncanIdaho wrote: | Well, the reason the 9th is reversed by the supreme court more than other circuit courts is twofold:
1 - they cover a population that is MUCH larger than any other circuit court. Last I heard there were plans to split it up.
2 - [b]it's based in SF and it's pretty liberal. [/b] The SC has a conservative majority. |
The 9th circuit court is embarrassing, they constantly get taken to the woodshed by the supreme court.
They are way too liberal for the rest of the country.
_________________
"I was laying myself on the line by saying, if this doesn't work in three to four years, if we're not back on the top then I will step down because that means I have failed,"
Jim Buss (2013) |
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shnjb
Franchise Player
Joined: 08 Oct 2002
Posts: 13320
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| Posted: Mon Jan 01, 2007 6:16 pm Post subject: |
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In what sense are they liberal?
Liberal as in taking liberty to trespass their boundaries and encroaching people's privacy?
Or liberal as in allowing bad people get away, giving people more "liberty"? |
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