"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.
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.