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Feds to get MLB steroid test results

Discussion in 'Sports and News' started by 21, Dec 27, 2006.

  1. RWH --
    We agree. Although I probably disagree with you about how damn important this whole thing is. And I admit that my devotion to Nos. Four and Five surpasses that of most federal judges since Brennan died.
  2. The Big Ragu

    The Big Ragu Moderator Staff Member

    I'm not the type who thinks there has been a fourth amendment violations every time the police knock on someone's door. In this case, though, something doesn't pass the sniff test for me. I agree that it makes sense for the Feds to want to use those test results--although, they could be unwittingly setting baseball's testing policy back by making the players more afraid to cooperate further. Either way, the players would have never agreed to those tests without the promise of confidentiality. That alone should convince people that this skirts the line of an illegal search and seizure.

    Yes, the policy of granting absolute confidentiality was incredibly lenient on the part of baseball when you compare it to testing by different sports federations, which name offenders and suspend them. But at that time, it was the only way the players union would accept testing. And a deal is a deal. Records identifying players who tested positive shouldn't even exist. If I am correct about this, MLB was only supposed to know the percentage of positive tests, and it was only going to use the info to further develop a testing policy.

    At the very least, the government should have to have probable cause to get the test results for any specific players. The fourth amendment doesn't get any clearer than that. They couldn't possibly have had probable cause to get access to the results for more than 100 players. This whole thing doesn't seem right, to me at least.
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