“The district court rested its order on legally insufficient grounds, and abused its discretion in granting the motion to quash,” Judge Diarmuid F. O’Scannlain wrote for the appeals court.

In dissent, Judge Sidney R. Thomas voted to uphold Illston, writing that the government’s action “suggests an abuse of grand jury process.”

The players’ union can now ask for a new hearing before the full 9th Circuit or appeal the panel’s ruling to the U.S. Supreme Court.

The union’s general counsel, Michael Weiner, declined to immediately comment, saying he wanted to first review the decision.

Separately, the court also ruled that “the government’s seizures were reasonable under the Fourth Amendment” and sent the case back to the district court to review what evidence can be used and what must be returned.

Circuit Judge Richard C. Tallman also heard the appeal.

In dissenting from much of the majority opinion, Thomas wrote: “It’s a seizure beyond what was authorized by the search warrant, therefore it violates the Fourth Amendment.

“The scope of the majority’s new holding could not be greater; it removes confidential electronic records from the protections of the Fourth Amendment. ...

“Perhaps baseball has become consumed by a ’Game of Shadows,”’ Thomas added, referring to the book by two San Francisco Chronicle reporters, “but that is no reason for the government to engage in a ’Prosecution of Shadows.’ “

The government’s investigation of the Bay Area Laboratory Co-Operative, a now-defunct Burlingame supplements lab at the center of the steroid scandal, already has resulted in guilty pleas from BALCO president Victor Conte, Bonds’ personal trainer Anderson, BALCO vice president James Valente, chemist Patrick Arnold and track coach Remi Korchemny.

The case is United States v. Comprehensive Drug Testing Inc., 05-10067.

MORE FROM BASEBALL

Baseball Section Front

Handicapping the Halladay chase Blyleven: Pitching to be had beyond Halladay DeMarco: Red Sox should take measured approach CTB: A prediction — Lackey will sign with Yankees   CTB: Indians unlikely to deal Wood this offseason   CTB: Mets could be interested in Royals’ Guilllen Complete list of free agents Circling the Bases: Blogging on news, rumors, buzz SCORES, SCHEDULES, STANDINGS, STATS Latest baseball videos Baseball Section Front   Add Baseball headlines to your news reader: