US v. SDI Future Health

Ninth Circuit Decision in US v. SDI Future Health

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Can corporate executives may challenge a police search of company premises not reserved for the executives’ exclusive use?

One has standing to object to a search of his office, as well as of his home, but this case presents the novel issue of the extent to which a business employee may have standing to challenge a search of business premises generally."

The court held:

"we conclude that, except in the case of a small, family-run business over which an individual exercises daily management and control, an individual challenging a search of workplace areas beyond his own internal office must generally show some personal connection to the places searched and the materials seized. To adapt Anderson, although all the circumstances remain relevant, we will specifically determine the strength of such personal connection with reference to the following factors: (1) whether the item seized is personal property or otherwise kept in a private place separate from other work-related material; (2) whether the defendant had custody or immediate control of the item when officers seized it; and (3) whether the defendant took precautions on his own behalf to secure the place searched or things seized from any interference without his authorization. Absent such a personal connection or exclusive use, a defendant cannot establish standing for Fourth Amendment purposes to challenge the search of a workplace beyond his internal office."

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Reference Info:Decision | Federal, 9th Circuit, Nevada | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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