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FL2 reaffirms that a search warrant is not required for pharmacy records

By John Wesley Hall, Jr.

FL2 reaffirms (State v. Tamulonis, 39 So. 3d 524, 527 (Fla. 2d DCA 2010), cert. denied, No. SC10-1539, 2011 Fla. LEXIS 80 (Fla. Jan. 3, 2011)) that there is no right to a search warrant to obtain defendant’s pharmacy records in a drug investigation. State v. Albritton, 2011 Fla. App. LEXIS 2643 (Fla. App. 2d DCA March 2, 2011).* A drug dog alerted on defendant’s car, but the drug search proved futile. “Here, the Court concludes that the troopers had probable cause to search the entire truck, including the toolbox. Thus, the cash and documentary evidence contained inside Defendant’s vehicle was properly seized and should be upheld.” United States v. Vaughan, 2011 U.S. Dist. LEXIS 20277 (M.D. Tenn. February 28, 2011)...continue to full post

Full post as published by Fourth Amendment on March 06, 2011 (boomark / email).