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 ...
You got that right! Rush doesn't merit an "alleged".
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?
Shhhhh! Do we really need him thinking he's that good? :)
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You're right.
Im sure he will be instructed in the 'nuances' of the law by the esteemed Florida Supreme Court.
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
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.
Here point is this:
http://www.freerepublic.com/focus/f-news/1329283/posts
Her point is also this:
http://www.freerepublic.com/focus/f-bloggers/1226407/posts
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.
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.
Save that. It's a rarity. :)
It doesn't matter what Rush thinks! It matters what WE think! :)
Thank you both.
Here you go. Any thoughts? This one came from WindOracle
And your evidence that he was buying drugs illegally is what?
The want Rush out and will stoop to any means to accomplish it! They are so sad.
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.
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