NACDL - United States v. SDI Future Health Inc.

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.

United States v. SDI Future Health Inc.

Case Details

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

Key Topics in the Case

White Collar | Business premises | Shareholder’s standing to challenge search

Documents

sdi-future_amicus.pdf

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.