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FL2: No standing in one's own fraudulent pharmacy records

By John Wesley Hall, Jr.

In this fraudulent prescription case, defendant had no standing in his pharmacy records. The state did not raise this issue in the trial court, which the court said it could, and the defendant sought a remand which the court declined [maybe only because the issue was clear to the court]. Society will not recognize an expectation of privacy in a fraudulent prescription. Hendley v. State, 2011 Fla. App. LEXIS 1983 (Fla. 2d DCA February 18, 2011).* The trial court’s conclusion that defendant consented to a blood draw is supported by the evidence. The nurse who made the draw testified that she would not have drawn blood without some consent; it was not in writing, but it didn’t have to be. Setzer v. State, 2011 Miss. LEXIS 102 (February 17, 2011)...continue to full post

Full post as published by Fourth Amendment on February 22, 2011 (boomark / email).