Prosecutor argues seizure of Rush Limbaugh's medical records fair

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

[rface]

WEST PALM BEACH -- 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.

Assistant State Attorney James Martz said Limbaugh's argument that he should have been notified before the records were seized by investigators is equivalent to saying ``that law enforcement is never to be trusted.''

``Then search warrants should never be issued and law enforcement should never be permitted to investigate criminal activity for fear that they will abuse the power granted,'' Martz wrote in a brief filed with the Florida Supreme Court. ``Such reasoning would eviscerate law enforcement's ability to protect the public and enforce the law.''

Martz added that the 4th District Court of Appeal's ruling, which said Limbaugh's privacy rights were not violated when the records were seized in 2003, should be upheld.

``Privacy rights cannot operate as an impenetrable shield to conceal, camouflage, or secrete evidence of criminal wrongdoing,'' Martz wrote.

Limbaugh and his attorney, Roy Black, had no comment on Monday.

[Cold Heat]

Just some college, got married there too. Born in Washington state, worked around the country.

I am what I am.

I have little in common with the average Arkansan.

Most on the forum think I am a liberal. Some just don't understand me.

LOL!

[Auntie Dem]

The list of drugs and the dates they were purchased was attached to the affidavit for the search warrant. The amounts and dates overlap...

So the affidavit contained the "evidence" before they had the evidence? I don't think so. If they already had a list of the drugs and the dates they were purchased, why did they need the medical records? Where did they get the information for the affidavit?

It makes more sense to say they had a list of alleged drugs and a list of alleged dates of purchase. Precisely the kind of "information" a person should be allowed to confront and contest before his records are released toa partisan hack DA.

[writer33]

Most on the forum think I am a liberal. Some just don't understand me.

Oh, no. Not Washington State. I'm so sorry. :)

On a serious note, a lot of people jump to conclusions.

[Cold Heat]

I spent a entire year or so there as a baby. No plans to return like a elephant or anything.

I'd like to go to Alaska from here!

[writer33]

No plans to return like a elephant or anything.

And they just elected Christine Gregoire...I mean Christine Gregoire stole the office of Governor. They're waiting for your return, CH. :)

[Auntie Dem]

In quoting Rush's "recap" of society's comments about other drug addicts you have merely pointed out the hypocricy of the left. They are willing to excuse the behavior of liberal addicts, but not conservative ones.

[Cold Heat]

Yeah, they did that to Nixon once in Illinois.

Rats are devious.

[ClintonBeGone]

So the affidavit contained the "evidence" before they had the evidence? I don't think so. If they already had a list of the drugs and the dates they were purchased, why did they need the medical records?

To answer that exact same question when a juror wonders the same thing. The standard to obtain a search warrant is much lower than that necessary to introduce evidence. They're not even contesting the search warrant on probable cause (which is the standard necessary to obtain a search warrant). The medical records are the best evidence in trial, that's why Rush/Black are trying so hard to keep them supressed.

[writer33]

Rats are devious.

Especially those big Norway and Roof Rats in Seattle. :)

[ClintonBeGone]

It makes more sense to say they had a list of alleged drugs and a list of alleged dates of purchase.

Sure. Provided we both agree to refer to Rush from now on as an alleged criminal?

[Cold Heat]

They are willing to excuse the behavior of liberal addicts, but not conservative ones.

Excellent point!

[writer33]

Rats are devious.

Especially those big Norway and Roof Rats in Seattle. :)

It's the one of the most unfriendliest places you'll ever want to live. If I were stuck there, I'd just drive off into the Sound.

[Cold Heat]

You should see the Nutria in South Louisiana.

[writer33]

You should see the Nutria in South Louisiana.

Yep. Spent three years in Ft. Polk, LA. Been down there to Baton Rouge and New Orleans and points in between.

[Cold Heat]

I was living inland. I doubt my parents would have tolerated a place like Seattle, but that was around 1950 when they settled there.

[razorback-bert]

bookmark

[Cold Heat]

Ahh, I see......

I worked all the petrochem in between the two.

[writer33]

I was living inland. I doubt my parents would have tolerated a place like Seattle, but that was around 1950 when they settled there.

Was it Spokane?

And Louisiana was nice in it's own way. And in others, it wasn't.

[CitizenHelper]

ironic, huh?

[Cold Heat]

No, a bit further. Near Pasco. My dad worked for a contractor at the Nuke Plant. The big one where they made the big firecrackers.