Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Ken H

"I'm not a lawyer, but I'd say Roy Black should find an example where medical records were obtained by subpoena under 395, then go to Federal Court with an Equal Protection Clause case."

If that were valid it would seem to follow that EVERY case where a subpeona COULD have been used, but a search warrant WAS used, would be open to review ... and since that would seem to apply to EVERY case in which a search warrant was used, ALL of them would need to be reopened.


312 posted on 04/29/2005 7:37:33 PM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling. ")
[ Post Reply | Private Reply | To 308 | View Replies ]


To: RS
I'm not a lawyer, but I'd say Roy Black should find an example where medical records were obtained by subpoena under 395, then go to Federal Court with an Equal Protection Clause case.

If that were valid it would seem to follow that EVERY case where a subpeona COULD have been used, but a search warrant WAS used, would be open to review ... and since that would seem to apply to EVERY case in which a search warrant was used, ALL of them would need to be reopened.

Agreed. Now, how many cases of medical record seizure by search warrant have there been since Statute 395 went into effect?

IIRC, there was one other case mentioned on these threads. I think we're talking about a small number here.

314 posted on 04/29/2005 8:08:39 PM PDT by Ken H
[ Post Reply | Private Reply | To 312 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson