LA: Court order for prescription records issued without probable cause violates right of privacy, federal and state
Over on FourthAmendment.com, John Wesley Halls reports a noteworthy case in Louisiana:
Court order for prescription records issued without probable cause violates right of privacy, as recognized by federal courts. Also, state’s constitution grants more protection. State v. Pounds, 2015 La. App. LEXIS 485 (La.App. 1 Cir. March 9, 2015)
From the opinion:
As the Court held in Skinner, a right to privacy in one’s medical and prescription records is an expectation of privacy that society is prepared to recognize as reasonable. Skinner, 10 So.3d at 1218. Considering that the holding in Skinner is controlling in this case, we find the trial court erred in denying the defendant’s motion to suppress those prescription and medical records obtained without a warrant. A warrant is required to conduct a search and seizure of such records for criminal investigative purposes in this case. The ruling of the trial court denying the defendant’s motion to suppress evidence is hereby reversed, and this case is remanded to the trial court for further proceedings allowing the defendant the opportunity to withdraw his guilty pleas.
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