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

Documents

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).

Argument(s)

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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Author(s)

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