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.

[Chef Dajuan]

Marijuana was made illegal shortly after Prohibition after lobbying by the Bronfmans and other distillers. They didn't want any competition.

Kinda like how the horse racetrack owners always do their darnedest to keep casinos out of their state.

[Chef Dajuan]

"...court of competent jurisdiction..."

There's a COMPETENT court in Florida?

[RS]

Hey Ken H - long time no talk


If somehow Rushs case does make it to the US Supremes ( which presumes he will lose AGAIN using the same argument), Section 12 of the FLA Constitution on Searches and Seisures which MUST be construed in conformity with the 4th Amendment to the United States Constitution, allows warrants to be used.

I think SCOTUS will take a pass rather then try to explain something so obvious to Black for the 5th time or so....

[writer33]

Good point.

[yarddog]

This one is so obvious a blind man could see through it.

Everyone has broken some law because there are so many that it is literally impossible to keep them. That is not saying Rush has broken this one.

I will say one thing which Rush should have known better. If you choose to live in an area infested with liberals, don't be surprised if they are hostile to you.

[tacticalogic]

The point is, medical records are inviolable, PERIOD.

So is the RKBA, but that doesn't stop the federal government from passing laws that restrict the firearms you can own by claiming it's "regulating commerce among the several states". The drug war is cut from the same cloth, and the federal government even has a propaganda office who's job it is to convince people it's good stuff.

[ClintonBeGone]

So far, two courts have ruled against Rush's contention, that is: by failing to obtain a subpoena, the State violated the law.

IMO, Rush will take this to federal court if SCOFLA gives an unfavorable ruling.

LOL aint going to happen.

[pepperdog]

Well I guess all that privacy crap that I receive by the ton from my doctors and insurance companies means nothing, right? Why is it the government is forcing all the medical providers to assure me my privacy is the single most important thing in the world to them and then I read that in Florida the cops can go get a person's medical records? Now if it were a bookie's records or any illegal enterprise I could understand, but how on earth can they get the records from a legitimate doctor on a specific patient without the patient's approval??

[Sal]

If they are able to get hold of Limbaughs medical records in this manner, have they not overturned Roe v Wade?

I don't know if you're right or not, but this WOULD explain the ACLU's supporting Rush which is extremely counterintuitive.

When is the last time anybody saw the ACLU supporting the civil liberties of anyone who isn't a socialist, terrorist or generally anti-American skank? So why would they support Rush? IMO only if their America hating agenda is supported--or protected--by their surprising position on this one.

[RS]

"If they violated a statutory requirement to get the medical records, if they didn't follow black letter law, it is correct in this matter to assume that law enforcement was not to be trusted."

The point is a big IF -

There are many different statutes on FLA books regarding the release of medical records, some requiring a search warrant, some requiring NO subpoenas or warrants. It appears that the courts so far have agreed that the statute regarding the use of subpoenas does not take precedence over all the others and does not negate the laws allowing the use of search warrants.

[RS]

"...then I read that in Florida the cops can go get a person's medical records? "

I don't believe that in any other State the use of a search warrant to obtain medical records would ever be questioned.
The laws were to prevent the casual dispersal of your records, not to allow illegal activity to be hidden from law enforcement.

[Safetgiver]

The point is, he got legal drugs legally through his doctor. Probable cause for illegal drug use or illegal drugs is not present, so why was a warrant with probabale cause issued? The prosecutor did not have permission to see Rush's records because Rush did not give it to him. You can't have it both ways.

[RS]

"How would you like something you confessed to your priest or pastor to come back to haunt you in a criminal procedure?"

Fine by me if they throw that out - If the priest gets defrocked for going after young boys, does that mean he can tell your secrets ?

[RS]

"Probable cause for illegal drug use or illegal drugs is not present, so why was a warrant with probabale cause issued? "

Wrong and why -

http://www.thesmokinggun.com/archive/rushsearch1.html

[RS]

"So why would they support Rush? IMO only if their America hating agenda is supported--or protected--by their surprising position on this one."

Correct - allowing criminals to hide evidence is definately part of their agenda...

[eno_]

The doctor/patient thing is as sacred as the pastor/penitent exclusion.

That is like, soooo 1962. DO YOU WANT TERRORISTS TO HAVE MEDICAL PRIVACY????

Get with the program, citizen.

[RS]

"The point is, medical records are inviolable, PERIOD. No matter who's they are and for whatever reason the DA or anyone else wants them....... This is a slippery slope..."



There is no slope here as your assertion makes no sense, medical records are not, and have never been, inviolable.
Reality must intrude...

[Enterprise]

Evidently I was not clear in my posted comment. I am siding with Limbaugh and I too think his medical records should be deemed inviolably private and should not have been seized by Law Enforcement. One of the points I addressed was that it was likely that there were things in his medical records which could be viewed by persons who had no right under any circumstance to view. Some of the records may have no bearing whatever to his case and the persons reviewing them are not medical personnel who have a legal right to do so. My stance is that a major violation of medical privacy laws has occurred and this needs to go to a Federal Grand Jury, and any guilty parties need to be fined and jailed. IMHO what happened here is far more egregious than anything Martha Stewart did, and she is still in jail!

[Enterprise]

Well, it will work itself out pretty soon I guess. My belief is that they screwed up big time by seizing the records via search warrant.

[george wythe]

Why do you even bother to post on these doctor shopping threads about Rush?

Even when the original article states that Rush's medical records were seized with a search warrant, several posters wrote just the opposite in their comments.

A person who does not care about reading the article before commenting deserves to be left in his blissful ignorance.

I'm amazed that so many people keep confusing Rush's pharmacy records (posted at the Smoking Gun) with Rush's medical records (nowhere to be found or leaked). Then they accuse the prosecutor of leaking Rush's medical records after using an "illegal" search warrant to obtain them.

I'm almost certain that Rush will not go to jail on this matter, but I'm afraid that he will not get what he wants from the Florida Supreme Court. This particular appeal seems to be on the prosecutor's side.