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U.S. Court of Appeals for the 9th Circuit

Aug. 12, 2010

Electronic Evidence Rules Now Hobbling Prosecutors

Overreaching by federal agents eager to nail steroid-using baseball players provoked new judge-written electronic evidence rules that now are hobbling prosecutors, an American Bar Association panel here heard last week.

By John Roemer

Daily Journal Staff Writer

SAN FRANCISCO Overreaching by federal agents eager to nail steroid-using baseball players provoked new judge-written electronic evidence rules that now are hobbling prosecutors, an American Bar Association panel here heard last week.

A key problem is that the government can no longer use the so-called plain view doctrine to look at computer files not specifically identified in search w...

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