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S.D.Fla.: "Immediately apparent" in records search is defined by what a specially trained investigator would see in them

By John Wesley Hall, Jr.

In a Medicaid fraud investigation, the affidavit showed probable cause for search of defendant’s house for evidence of the crime. The search for records could be intensive to look for the incriminating nature of the documents which would be readily apparent to a trained Medicaid fraud investigator. United States v. Gil, 2011 U.S. Dist. LEXIS 20638 (S.D. Fla. January 12, 2011)*: Here, the federal agents inside defendant’s residence satisfied all three requirements for seizure of the subject documents under the “plain view” exception. First, they were lawfully inside defendant’s residence with a properly obtained search warrant as explained above. Second, the subject documents, including insulin logs, weekly visits/time records, and patient evaluation forms, were discovered inadvertently in files and in other locations where a passport might be found...continue to full post

Full post as published by Fourth Amendment on March 04, 2011 (boomark / email).