Rush Limbaugh attorney: Investigators should have warned they were seizing

[Judi Lynn]

Rush Limbaugh attorney: Investigators should have warned they were seizing medical records

By Jill Barton
ASSOCIATED PRESS
9:26 a.m. April 7, 2004

WEST PALM BEACH, Fla. – Rush Limbaugh's attorney argued Wednesday that investigators trampled the conservative commentator's privacy rights when they made a surprise visit to a doctor's office to seize his medical records.

Limbaugh attorney Roy Black is seeking to keep the records sealed from prosecutors who accuse the radio host of illegally buying prescription drugs. He said investigators should have provided some notice they were going to seize records containing private information.

Instead, they used search warrants and gave Limbaugh no chance to challenge the seizure.

But Assistant State Attorney Jim Martz said giving notice would have limited the ability to investigate allegations that Limbaugh illegally "doctor shopped" to obtain pain pills, visiting several doctors to receive duplicate prescriptions.
(snip/...)

http://www.signonsandiego.com/news/nation/20040407-0926-limbaugh-painkillers.html

[Blaze Diem]

1. How many police search warrants come with advanced warning?

In my neighboehood, it never works so conveniently for the suspect. Isn't it somewhere in Asscrofts Patriot Act, that the poice can just search at will, and Rush should be glad he's been allowed an attorney..He hasn't been arrested for anything yet. He's luckier than most poorer folks.

[Terran]

4. None. That's the point of search warrants...

You don't give the suspects time to destroy evidence. Limpbag's attorney's must be worried, to make a pathetic stretch like that.

[SemperEadem]

16. Roy Black is a big, fat blubbering baby

[Gothmog]

2. Rush wants the Police to warn crooks before warrants served?

This is crazy. The police had a warrant and there is no requirement that you notify the criminal in advance before you serve the warrant. Is Rush advocating a new miranda standard where you need to tell crooks in advance about a warrant before executing it?

[SemperEadem]

18. No..

he's for telling rich, white men--caught doing the same thing that brown skinned, poor men have gone down for-- that there are two tiers of 'just-us' in this country.

Because he is white, rich and a repuke, his reasoning is that the drug laws of this country do not apply to him; his skin color entitles him to special kid-glove treatment.

To him, white men are entitled to know in advance that they're being served a search warrant so that they can use the time to destroy evidence to hide their wrongdoing; brown-skinned men are not because, by his reasoning, they're guilty because they're not rich, white and repuke. Too bad, because it makes it look like rich, white repukes are sissy-punks who can big-mouth their views all over everyone, but when their ass is in the sling, they won't stand in the middle of their truth and take their ass-whippin' like a man. They want to whine and say "it's not fair.."

I think this is evidence that both he and Black are still doing drugs.

[louis-t]

3. My dream scenario...

would be: the people rush was buying his drugs from get arrested and charged with funneling money to terrorists.

[Ravy]

5. He is lucky they even told him AFTERWARD....

... I understand that that is not a requirement anymore.

[LiberalFighter]

17. Not under federal law but..

they were using state law and not sure if it would be required or not.

[BiggJawn]

6. Guess Rush never heard of "Police! (KICK!)"

Another thing, I don't know if it was him or his mouthpiece in a sound-bite on CNN today, but somebody said "Constitutional RIGHT to Privacy".

Uh, I thought it was a favourite battle cry of the Cons to say "Right to privacy? You have NO Constitutional right to privacy" and most RW talking heads will tell you how the people have a right to "be secure in their persons, houses, papers, and effects" but NOWHERE does it SPECIFICALLY say "privacy".

When they're kicking in YOUR door to find out what you been whackin' off to, or what're you growing in your basement, you have no Rights.

But let it be one of their OWN who has his crank in the ringer, and they're all of a sudden for extended (special) rights...

As I read once, "A good Moralist can talk out of both sides of his mouth (AND his ASS!) at the same time..."

[skip fox]

7. When will judge rule on this point? Did the accounts speculate?

n/t

[TroglodyteScholar]

8. L.....O......L

:crazy:

[maddezmom]

9. "Rush just can't believe a white republican isn't above the law"

Randi Rhodes :)

[librechik]

10. Oxy gets a taste of Reality Justice

Bitter, ain't it Rush? Sorry you didn't campaign for better drug laws for addicts yet? No? Well get ready for more, because a conjob like you deserves the best law enforcement Florida can provide.

[unionpaid]

11. As much as I disagree with his views

Do any of us really want our medical, drug use and other non-criminal privacy invaded like his? Most people with drug problems are not bad people for that fact alone.

<disclaimer for the flamer> I am not defending Limbaugh. </disclaimer for the flamer>

[Roaming]

13. Regardless of anyone may feel about him, this is out of line.

Police should not have the power to seize medical records like this, at least not for the type of crime that Rush committed here.

[LiberalFighter]

23. A crime is a crime is a crime

Prescription drugs are legal only when legally prescribed and taken as prescribed.

Anything else is illegal and subject to criminal charges.

[plcdude]

14. if I am implicated in illegal drug trafficking

and a judge determines there is probable cause to issue a search (not arrest) warrant to determine whether or not or to what extent I am involved in this illegal behavior, then I am subject to the law end of story. The critical point to be argued is not whether his private medical records were accessed but whether the search warrant was properly and legally issued and executed. Mr Black is attempting to muddle and delay the proceedings against his client as he should try to do but I think he is on very weak ground.

[LiberalFighter]

20. I agree

Otherwise criminals will be able to hide their criminal activity by using privacy as the reason.

Wouldn't bank records be a matter of privacy?
Wouldn't auto repair records be a matter of privacy?
Wouldn't credit card purchases be a matter of privacy?
Wouldn't purchase of liquid fertilizer be a matter of privacy?
Wouldn't long distance call records be a matter of privacy?
Wouldn't cell phone records be a matter of privacy?

The deciding factor as you stated is whether their is probable cause.

[Old and In the Way]

19. I'll make a special exemption for Rush.

He's made a career pushing for incarceration of drug abusers. Let him reap the fruits of his work.

[unionpaid]

22. It doesn't work like that

As soon as we allow laws to make exceptions based on morals we all lose. I don't want my medical records stolen no matter what my political views are.

[Media_Lies_Daily]

12. Ordinary citizens can't "challenge" anything seized...

...under the auspices of a warrant, why should Lard Ass get any special favors?

[SemperEadem]

15. since when do they issue advance warnings for searches?

sounds like the lawyer is on oxycontin, too...

[LiberalFighter]

21. There you go... issue a search warrant on Roy Black's records.

[Moderator]

24. locking

dupe - by one minute

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x471417