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Ask jamest Your Own Question
jamest
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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drug store perscription records

Customer Question

can a prosocutor go to a drug store an uptain perscription records or medical records without a warrant on a private citizen who is a wittness in a criminal drug case?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  jamest replied 8 years ago.
This is a rather large question of in Florida law. The question revolves around weather or not a search warrant is needed to obtain medical record or if merely a subpoena can be used. The current state of the law is uncertain, meaning the question has not been answered with finality. There has been a notable case where a subpoena was used and that was upheld, if you remember rush limbaughs case a few years ago? The state obtained everything by subpoena, not search warrant, he attempted but was not successful in having these record excluded for violating his rights.
Customer: replied 8 years ago.
these people had neither subpoena or search warrant that was mentioned in court or that the wittness was made aware of. They also went to another drug store A CVS but the refused to give them any records The first drugstore was a little Mom and Pop small town store.These two prosocutors really have it in for the person on trial. What can I do and what steps to follow?
Expert:  jamest replied 8 years ago.
Well a subpoena is fairly easy to get in Florida. Disclosure of medical records is regulated by state and federal law. If the CVS refused, i am assuming the other pharmacy should have but was intimidated by the police, after all the police can make it hard for a small business without a huge legal department to help.
what did you whiteness? and why does your medical history have significance in the case?
Customer: replied 8 years ago.
when these two lady prosocutors went to CVS and tried to get those records is that not against the law? These were my oldest sons records and he was a wittness in his younger brother case stating the loriitab was his. Does he not have to sign a release even if there is a subpoena?

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