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GA: Hospital records not defendant's own "private papers" under statutory exemption

By John Wesley Hall, Jr.

Defendant’s medical records in a hospital are not his private papers (O.C.G.A. § 17-5-21) exempt from a search warrant as mere evidence. (The court gives a history of the state “private papers” exemption.) Brogdon v. State, 2010 Ga. LEXIS 560 (July 12, 2010). Defendant did not raise lawfulness of search of his vehicle in the trial court, so application of Gant was waived. State v. Cross, 2010 Wash. App. LEXIS 1385 (June 29, 2010).* Officers had probable cause to arrest defendant for obstructing a felony stop after officers responded to a call about a large fight. State v. Parsons, 2010 Iowa App. LEXIS 759 (July 14, 2010).* Officers had reasonable suspicion from an informant’s statement that a drug deal would go down at Hardee’s from a “beat-up hooptie,” and a car matching that description showed up at the Hardee’s and nobody got out of the car...continue to full post

Full post as published by Fourth Amendment on July 17, 2010 (boomark / email).