Brief filed: 02/27/2009
United States v. SDI Future Health Inc.
9th Circuit Court of Appeals; Case No. 07-10261
Panel decision, 553 F.3d 1246 (9th Cir. 2009).
The panel incorrectly held that an owner of a closely-held corporation (other than a “small, family-run business”) lacks standing to challenge a search pursuant to a defective warrant of the corporate premises beyond his personal office; the interests of a closely-held corporation may coincide with the interests of the owner himself; and the owners of a closely-held corporation may have Fourth Amendment rights in the company’s entire premises.
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