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Prosecutor argues seizure of Rush Limbaugh's medical records fair
South Florid Sun-Sentinel / AP ^ | February 14 2005, 4:00 PM EST | Jill Barton

Posted on 02/14/2005 1:34:15 PM PST by 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.

(Excerpt) Read more at sun-sentinel.com ...


TOPICS: News/Current Events
KEYWORDS: hipa; limbaugh; medicalprivacy; medicalrecords; politicalhit; privacy; rush; wodlist
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To: CitizenHelper
ironic, huh?

Except Rush never referred to the politics of the addicts he commented on. To the lying, lunatic, liberal left it's the politics of anyone who criticizes them that is the "sin" (odd, isn't it how the only "evil" in the world to a liberal--those who do not believe there is such a thing as evil--is criticizing them).

161 posted on 02/15/2005 9:51:07 AM PST by Auntie Dem (Hey! Hey! Ho! Ho! Terrorist lovers gotta go!)
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To: Auntie Dem

the world is changing fast. I think the results of this past election will lead to many changes in both parties and perhaps a societal paradigm shift on how values are discussed and debated....may be a rocky road ahead, but I think it will smooth out by 2008.


162 posted on 02/15/2005 10:17:27 AM PST by CitizenHelper
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To: RushCrush

"The prosecutor investigating whether Rush Limbaugh illegally purchased prescription painkillers..."


"The use of the word "illegally" is the only thing I need to see, to set he Journalista's point of view."

LOL - would you expect the prosecutor to be investigating to see if Rush legally bought drugs ? It's not the journalists point of view, it's simply reality - prosecutors look for illegal activity.


163 posted on 02/15/2005 11:44:57 AM PST by RS (They'll get my warped sense of humor when they pry it out of my cold, dead neurons...)
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To: WindOracle

"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."

His records were not subpoenaed - Rush's lawyers complaint is based on them not being subpoenaed.


164 posted on 02/15/2005 11:48:31 AM PST by RS (They'll get my warped sense of humor when they pry it out of my cold, dead neurons...)
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To: 185JHP

"Buying thugdrugs puts money into the hands of some of the nastiest, most despicable people on earth."

IF Rush was buying drugs illegally for years ( NOT the crime he is currently under investigation for ) - these are the people who were supplying them -


http://www.thesmokinggun.com/archive/beshara1.html


165 posted on 02/15/2005 12:41:06 PM PST by RS (They'll get my warped sense of humor when they pry it out of my cold, dead neurons...)
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To: WindOracle
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.

I don't think this is correct. Currently, doctors must notify law enforcement if a gunshot victim comes in for treatment or if a suspected drunk driver in an accident comes in.

I always wondered how this didn't infringe doctor/patient privilege.

166 posted on 02/15/2005 12:48:23 PM PST by JeffAtlanta
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To: 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.

Not a chance. Check how many other doctor shopping violations have been prosecuted. If Rush were just an ordinary citizen, the prosecutor nor the police would have cared at all.

167 posted on 02/15/2005 12:51:40 PM PST by JeffAtlanta
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To: ClintonBeGone
Um, the prosecutor already found the evidence he needs, Rush and Roy Black are trying to keep it out of Rush's criminal trial.

You have it backwards - the issue is whether the prosecution violated Limbaugh's rights to OBTAIN the evidence.

168 posted on 02/15/2005 12:54:57 PM PST by JeffAtlanta
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To: CitizenHelper
I don't know how he handled his addiction/recovery I was not a fly on the wall. I just still find it ironic.

What exactly do you find ironic?

169 posted on 02/15/2005 12:56:09 PM PST by JeffAtlanta
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To: JeffAtlanta; ClintonBeGone

"If Rush were just an ordinary citizen, the prosecutor nor the police would have cared at all."

Charles Crist, the Republican Florida AG disagrees with you -

"Why is it so important to stop doctor shopping? It would save lives. .... Subtracting alcohol, prescription drugs accounted for 60 percent of drug-related overdose deaths in 2002. Everything possible must be done to prevent these deaths."

http://www.myfloridalegal.com/NewsBrie.nsf/OnlineBrief/58EDCCEEDD397B3785256D720045199F


170 posted on 02/15/2005 12:57:47 PM PST by RS (They'll get my warped sense of humor when they pry it out of my cold, dead neurons...)
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To: RS
Charles Crist, the Republican Florida AG disagrees with you -

Talk is cheap. Again, how many other prosecutions have there been for doctor shopping in that jurisdiction?

171 posted on 02/15/2005 1:05:00 PM PST by JeffAtlanta
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To: OldFriend
The first being his abuse of painkillers.

A friend of mine who is no Rush Limbaugh fan told me about the time he was perscribed Oxycontin (sp?) for his back. He took it for 5 days according to the perscription and was addicted. He told me about a friend who asked him how long he had been taking the drug. When he told the friend the friend said, "It's too late, you're hooked." My friend managed to beat the addiction much faster than Rush did, but he is not the drug abuse type. This is simply a highly addictive drug.

Not to either condemn or acquit Rush, just to shed some light.

Shalom.

172 posted on 02/15/2005 1:09:48 PM PST by ArGee (Having homosexual sex makes as much sense as drinking beer through your a$$.)
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To: JeffAtlanta

"Talk is cheap. "

Not my talk - go argue with the AG - but here's some background -

http://www.palmbeachpost.com/localnews/content/news/limbaugh/031104_limbaugh.html


173 posted on 02/15/2005 1:09:54 PM PST by RS (just because they are out to get him doesn't mean he's not guilty)
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To: RS

Subpeoned, acquired, stolen, whatever.. the point is the same. The authorities think they have a right to access to his medical records, and the leftists agree.


174 posted on 02/15/2005 1:10:02 PM PST by WindOracle
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To: JeffAtlanta

The same rules do not apply to Emergency Room patients, however Rush was not an emergency room patient.


175 posted on 02/15/2005 1:12:10 PM PST by WindOracle
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To: CitizenHelper
"We have alcoholics and drug addicts in our society, don't we? And what do we say about them? 'Well, they can't help it. Why, it's genetic. [...]

I heard Rush announce his addiction. I heard him announce his plans. I heard him apologize and ask for prayers. I never heard him blame anyone but himself.

I don't see the irony.

Shalom.

176 posted on 02/15/2005 1:13:38 PM PST by ArGee (Having homosexual sex makes as much sense as drinking beer through your a$$.)
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To: rface
How does the Medtronic Pain Pacemaker relieve pain? For the treatment of chronic pain, neurostimulation includes the stimulation of the spinal cord or peripheral nerve by tiny electrical impulses. An implanted lead (a flexible insulated wire), which is powered by an implanted battery or by a receiver, is placed near the spinal cord. This lead and an implanted neurostimulator send electrical impulses that block the pain messages to the brain. The stimulation can be adjusted in terms of strength and area of coverage via an external programming device. It may be felt as a small bulge under the skin, but does not normally show through clothing

Shades of Michael Crichton's The Terminal Man.

Shalom.

177 posted on 02/15/2005 1:14:49 PM PST by ArGee (Having homosexual sex makes as much sense as drinking beer through your a$$.)
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To: WindOracle

"The authorities think they have a right to access to his medical records, and the leftists agree."

LOL - "think they have a right" .... sorry my friend, so far Rush has lost every court proceding with that attitude.

I suppose they "think they have a right" to go after tax cheats and murderers also...


178 posted on 02/15/2005 1:15:40 PM PST by RS (just because they are out to get him doesn't mean he's not guilty)
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To: Cold Heat
If anything, it helps me to avoid the big ones, channel the argument by pointing out the difference between defense of a conviction and a true, logical discussion.

CH, you ignorant slut.

OK, OK, I just had to say that.

I think you need to distinguish between a logically arrived conviction and a religious conviction. I have logically arrived at the conviction that you can't trust the government. Even if every elected official is trustworthy, you simply can't trust the government. I can argue that because I arrived at it logically.

I have a religious conviction that man is not an intelligent mammal but an entirely different KIND. I believe it and can discuss the theology behind it, but I can not argue it with someone who does not believe in the G-d of Abraham because we have no common basis for our discussion. However, I can usually agree to disagree on those because I recognize the trap.

Shalom.

179 posted on 02/15/2005 1:24:25 PM PST by ArGee (Having homosexual sex makes as much sense as drinking beer through your a$$.)
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To: Cold Heat
I am what I am.

Popeye? Is that you?

Shalom.

180 posted on 02/15/2005 1:25:11 PM PST by ArGee (Having homosexual sex makes as much sense as drinking beer through your a$$.)
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