State: Seizing Limbaugh's medical records was legal

[Judi Lynn]

Posted on Tue, Mar. 09, 2004

State: Seizing Limbaugh's medical records was legal

Associated Press


WEST PALM BEACH, Fla. - Prosecutors who want to review Rush Limbaugh's medical records argued in court papers that privacy rights should not be used to hide criminal wrongdoing.

Seizing the conservative radio commentator's medical records in their investigation of his prescription drug use did not violate his constitutional or privacy rights, Palm Beach County prosecutors said in documents filed Monday.

Limbaugh's attorneys are asking the 4th District Court of Appeal to bar prosecutors from using the records seized in November. Limbaugh is under investigation for possible violations of the state's "doctor shopping" law, which prohibits someone from secretly obtaining overlapping prescriptions from different doctors.

Limbaugh's attorney, Roy Black, had no comment on the filing. He contends prosecutors should have followed a procedure in state law that requires prosecutors to notify someone with a subpoena before they can obtain the records rather than using a search warrant. The notification is designed to give a person a chance to contest it in court.
(snip/...)

http://www.miami.com/mld/miamiherald/news/state/8143767.htm

[NNN0LHI]

1. Well the ACLU did their best to help OXYRush n/t

[buddy22600]

4. If the state can get ahold of someones medical records

then ashcroft can get medical records as well and then we're all screwed

[hughee99]

2. Never though I'd say this

but I hope Limbaugh wins. If a state can get a search warrent rather than a subpoena for medical records, watch out. In future election years, politician from both sides will be pushing investigations on opponents, just to get a look at, and then leak, personal information about their opponents. Then, for political reasons, a canidate will have to publicly release all their medical records just to refute a charge... and forget it if that person has ever been in therapy for anything.

[redqueen]

3. You raise some excellent points.

I agree completely.

[hughee99]

5. Any lawyers out there?

Can the state still go the subpoena route, or is that option gone now? If it's still an option, rather than fighting the "bad fight" they could drop this and go the appeals court on the subpoena issue, since they're going to be there in either case.

[catmandu57]

6. Aside from the slipperiness

and abuse of power I have to ask why the bastard hasn't been rotting in jail, or at the very least free on an outragous sum of bail. I suppose it pays to be a rich piggie member of the propagandast wing of the pukes.

[UTUSN]

7. This Is Only a Filing, Not the Final Ruling by the Court

It is just too danged ironic that our wingnut arch enemy uses our own philosophy, a Democratic lawyer, and the ACLU.