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LA & FL1 conflict in the privacy interest in pharmacy records: LA finds a REP and requires SW, FL1 permits subpoena; both relying on Whalen

By John Wesley Hall, Jr.

LA: There is a federal reasonable expectation of privacy in one's drug prescription records requiring a search warrant for access. State v. Skinner, 2009 La. LEXIS 3263 (May 5, 2009) [just on Lexis]: More importantly, the Court's decision holding the regulatory scheme was not facially unconstitutional was explicitly based upon the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, Whalen, 429 U.S. at 604, 97 S.Ct. at 878; the Court explicitly distinguished Fourth Amendment privacy interests from Fourteenth Amendment privacy interests. Whalen, 429 U.S. at 598 n.23, 97 S.Ct. at 876; 429 U.S. at 599 n. 24, 97 S.Ct. at 876. The Court noted that the right of the individual to be free in his private affairs from governmental surveillance and intrusion is a constitutional right directly protected by the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on December 03, 2009 (boomark / email).