Limbaugh challenges seizure of medical records (Technicality may help him?)

[NNN0LHI]

http://www.cnn.com/2004/LAW/03/18/limbaugh.records/

WEST PALM BEACH, Florida (CNN) -- Rush Limbaugh's attorney filed a reply Thursday in the Florida 4th District Court of Appeal saying prosecutors failed to comply with a state statute in seizing his medical records.

The brief, filed by Roy Black, called the state's argument that privacy rights were not violated an "arrogant argument flouts the rule of law, the fundamental concepts underlying our system of government, and the decisions of this court."

Prosecutors argue that privacy rights should not prevent them from reviewing Limbaugh's medical records because they were seized by search warrant, in compliance with the Fourth Amendment of the U.S. Constitution, which is the standard for search and seizure in the Florida Constitution.

Black said in the brief that State Attorney Barry Krischer ignored a recent appeal curt decision suppressing evidence because police obtained it without following a state statute that gives Florida citizens greater protection than the Fourth Amendment.

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[Sulldogg]

1. I dislike the man but...

If we support what they did here, we're no better than Ashcroft.

This type of sh*t, circumventing a clear statue requiring a court order for medical records, is even worse. At least Ashcroft tried to force a judge to sign off, these f*ckers didn't even fake an attempt at following the law.

I mean if this style of searching were upheld, any doctor who is ever suspected of any crime, all of thier medical records are fair game, and since its found in the process of a legal search, all of it is admissible evidence against every patient. Big Brother indeed.

[NNN0LHI]

4. Nice sentiment and all but OxyRush would not agree with you if it were...

...you or me in his position right now. Those rights to privacy do not apply to non-millionaires like me. If this were me he would be asking me what do you have to hide if you have done nothing wrong? And in the next breath he would speak of sending drug abusers to jail. Its the hypocrisy.

Don

[Sulldogg]

5. I don't care how he feels

But this is more a test of the privacy of Florida medical records. And on privacy, especially given the statue involved, I'll side with Rush on this one.

[Demonaut]

9. True, he deserves a taste of his own medicine, spare the rod spoil the

asshole.....or something like that

[burrowowl]

6. That's why the ACLU

supported his case.
Makes you wonder if the DA did it illegally and on purpose to clear the bastard, to add water to those like AssKKKraft to imperil cases as they want it.
E.g. There is a really bad guy but he contributes repug, we fuck up the evidence collecting or procedure. He hasn't done anything wrong but he contributed to the Dems, procedure followed exactly as per the the newly enacted laws and we can accuse the bastard of anything ... re: antiglobalization protesters in Fla.
Just a thought.
So far the Judges have said that the Feds can't get the records of the so-called partial birth docs.

[w4rma]

7. I believe that is a very good point, burrowowl.

Illegally and intentionally not following proper procedures as an excuse to let Rush get by with the exact thing that he decrys all the time on his program.

[MrPrax]

2. He's a crook...

like the rest of them...

Stern out, Rush in

Stern, like McCain, like Gibson are starting to question a throroughly corrupt regime that has to hide behind lies...

I don't see why Democrats want to hold 'their' cause to a higher standard than these 'dirty little animals'

Oh I forgot...

[Sulldogg]

3. Huh?

I don't see why Democrats want to hold 'their' cause to a higher standard than these 'dirty little animals'

Oh I forgot...


What do you mean???

[MrPrax]

8. You don't hold yourself...

an higher than Ashcroft...

"If we support what they did here, we're no better than Ashcroft." et. al.

You still worry about statute?

The 'higher cause' is simply providing some 'other' interpretation of the safeguards already mauled by a justice system that really doesn't know a difference between 'they' and 'we'...

Justice doesn't know 'they' and 'we'...

He's a f*ckin criminal and Rush's last gambit was Florida deciding not to appeal the LAST attempt to open his med records...

I like to see justice applied evenly--at least for appearances sake.

The appearance is...Rush has a bunch of drugs illegally, Rush says he needs them for his medical reasons, the People want to see collabration in the form of medical records...his 'access lawyers' bellow Constitution...

Rush is so good that he has convinced his dittoheads (which now includes American jurisprudence), that he is a victim of big gubbermint and even the aclu has to defend his right to keep his OWN vindication of his DRUG possession, a private issue...

Nice gig if you can get it....

[Sulldogg]

10. I disagree

If we allow the government to look at private medical records with enough probable cause to get a judge to sign a court order, then we can kiss our privacy goodbye.

Once it gets upheld in court, it is de facto the law of the land, and then crooked cops can go grab all the records they want, since they only have to get a search warrant, not a court order.

I never said our justice system wasn't being perverted, I just think its dangerous to throw the book out the window to get someone I don't like.

[NNN0LHI]

11. You appear to be under the impression that the laws are for all people

That is a good thing to strive for my friend, but we are not there yet. Problem is that we are currently living under two sets of laws. There is the law for the rich like someone who gets 3 years in club fed for embezzling a few million dollars. Then there is the law for the poor people like the guy who got life using the three strikes and your out program who's third strike was stealing a piece of pizza because he was hungry. Consider this premise and then tell me about all of our rights and privacy. There is a big difference between justice and just us.

Don

[MrPrax]

12. Again...higher cause?

Why would this be any worst than the State selling your assets because you were convicted of a 'drug' and calling them 'proceeds'

I think the battle over privacy was lost (check your phone)...most cops can't read medical records...

But I understand the concern IF medical records become public and insurance companies/media bid on them and they become fodder in a civil suit...

This of course makes a good case for the state to either
a) pass real laws
b) remove political interference in the judicial system

Either way it spells doom for hypocritical druggies like Rush...

[Festivito]

13. Another RW LIHOP to drop a slam-dunk case.

CNN carefully doesn't mention the details of the other case. Probably has no bearing, but, that doesn't matter, does it?

It would be so easy to forget a case that happend two years ago -- NOT!

[catmandu57]

14. This dirty Bastard

should have been lying in a jail cell getting his anal cyst probed long ago. At the very very least, he should only be free on a huge ammount of bail.
Instead we have this rw mouthpiece spewing crap daily, further deluding the ditto monkey's already deluded thinking. I want this hypocrit dealt with, and the damn thieves who have stolen our country. Starting with the moron* and all of his corrupt henchmen, then lay, skilling, fastow, ebbers, and any other sleazy son of a bitch that thinks they're above the law.