United States v. SDI Future Health Inc.

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of defendant-appellees’ petition for rehearing en banc. The district court granted a motion to suppress filed by the defendant SDI, a closely-held corporation, and its two major shareholders, and the government appealed. The court of appeals affirmed in part and reversed in part, and the defendants filed a petition for rehearing en banc.

Brief filed: 02/27/2009


United States v. SDI Future Health Inc.

9th Circuit Court of Appeals; Case No. 07-10261

Prior Decision

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.

Coronavirus Resources

NACDL to Focus on Service and Support for Members, Clients, and Community Throughout Virus Emergency

Learn More


Kevin P. Martin, Goodwin Proctor LLP, Boston, and Sheryl McCloud, Seattle.