Prosecutor argues seizure of Rush Limbaugh's medical records fair

South Florid Sun-Sentinel / AP ^ | February 14 2005, 4:00 PM EST | Jill Barton

[writer33]

http://www.freerepublic.com/focus/f-news/1066987/posts

[YaYa123]

"The first sentence tells you where the journalista stands."

You got that right! Rush doesn't merit an "alleged".

[Sgt_Schultze]

Not being a lawyer, I wonder...

The prosecutors haven't charged Rush with any crime - yet. Would it be permissible, during an investigation, for prosecutors to issue a search warrant to a bank of a suspected drug dealer, to follow his transactions to find out if he misbehaved?

Or would the the prosecutor's office have to allege the crime and methods and then present that to a judge to elicit a search warrant?

[writer33]

Some of his guest hosts left a LOT to be desired, IMO.

Shhhhh! Do we really need him thinking he's that good? :)

[trisham]

The prosecutor investigating whether Rush Limbaugh illegally purchased prescription painkillers told the Florida Supreme Court on Monday that investigators should be allowed to review the conservative radio commentator's medical records.

****************

You're right.

[Dat Mon]

Im sure he will be instructed in the 'nuances' of the law by the esteemed Florida Supreme Court.

[Bigh4u2]

1. Would it be permissible, during an investigation, for prosecutors to issue a search warrant to a bank of a suspected drug dealer, to follow his transactions to find out if he misbehaved?

2. Or would the the prosecutor's office have to allege the crime and methods and then present that to a judge to elicit a search warrant?

Number 2

[AZ_Cowboy]

Does anyone have a dollar figure on how much this dog and pony show is costing the good people of Florida?

Just another stupid dog and pony show, paid for by we the taxpayers one way or another.

If anything was there worth charging him over, it would have come out when they bought off the maid. Obviously that wasn't enough, and I presume it wasn't enough for a judge to sign off on a warrant to seize the records, either. Otherwise, why risk doing it without a warrant? It doesn't make sense.

[writer33]

Here point is this:



http://www.freerepublic.com/focus/f-news/1329283/posts

[writer33]

Her point is also this:



http://www.freerepublic.com/focus/f-bloggers/1226407/posts

[Bigh4u2]

Since these records were 'seized' without a warrant, any information contained in them, critical or not, would be thrown out of any 'normal' court.

[LachlanMinnesota]

There must be probable cause to believe that a crime has been committed and that the target of the investigation was the one who participated in committing it. It must be more than a suspician based on the fact that someone is a nefareous character.

The investigation must find at least a sufficient basis for obtaining a warrant.

In this case, I believe that the fact of the warrant was not the issue, it was that there is a state statute that specifically required notification of the target of the investigastion when it related to medical records, in particular, so that the target of the investigation could apply to the court before his confidential medical records were reviewed.

[ny demimonde]

but he was buying the drugs illegally. if any of us attempted to do the same with controlled substances we'd be in the slammer by now.

[writer33]

You're right.

Save that. It's a rarity. :)

[RushCrush]

It doesn't matter what Rush thinks! It matters what WE think! :)

[Sgt_Schultze]

Thank you both.

[writer33]

I have wondered about something, and would like some opinions on it. It seems the libs are so intent on getting to Rush that perhaps they may be shooting themselves in the foot. Roe v Wade was not a suit about a woman's right to have an abortion. It was a PRIVACY ruling. It basically made it impossible to enforce laws, like the one in Missouri in which it is a felony to cause the death of an unborn child thru the use of an instrument. Since medical records were considered to be part of the "doctor/client privilege" neither they could be subpoenaed nor medical staff summoned and questioned, in order to build such a case. If they are able to get hold of Limbaughs medical records in this manner, have they not overturned Roe v Wade?

Here you go. Any thoughts? This one came from WindOracle

[LachlanMinnesota]

And your evidence that he was buying drugs illegally is what?

[no1.tarhill]

The want Rush out and will stoop to any means to accomplish it! They are so sad.

[LauraleeBraswell]

Allot of good people become addicted to those painkillers. Was Rush wrong? Yes. Should he go to prison? No.

I doubt you or I would go to prison over that.