U.S. Court of Appeals for the Ninth Circuit

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Case Updates

Ninth Circuit denies rehearing of panel decision regarding scope of corporate executives’ Fourth Amendment rights

June 01, 2009

The Ninth Circuit declined to review en banc the panel decision. However, in accordance with one of the arguments espoused in NCLC’s amicus brief, the panel amended its opinion to eliminate its reliance on the “family run” business exception.

U.S. Chamber files amicus brief

February 27, 2009

NCLC urged the Ninth Circuit to review en banc a panel decision holding that corporate officers do not have standing to assert their Fourth Amendment rights unless they can show a “personal connection” to seized materials and searched places. NCLC argued that the panel decision significantly narrows the scope of Fourth Amendment standing, is ambiguous, and is inconsistent with existing law. Moreover, the ruling will embolden prosecutors to deputize corporate counsel and place them in the untenable position of balancing the rights of the company against the rights of valued employees.

Case Documents