MARTA GARCIA-LAVIN, M.D., APPELLANT,
v.
FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION, APPELLEE
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Physician's license suspension affirmed where she lacked Fourth Amendment standing to challenge seizure of prescription forms left with former employer, and any evidentiary error was harmless given her admissions.
A physician lacks Fourth Amendment standing to challenge the seizure of pre-signed prescription forms she left in the custody of her former employer.
[1] A physician lacks Fourth Amendment standing to challenge seizure of pre-signed prescription forms left in the custody and on the premises of a former employer.
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Join FLexlaw to unlock all legal intelligenceDr. Garcia-Lavin's pre-signed prescription forms were seized from her former employer's premises at the time of the former employer's arrest. Garcia-L…
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PER CURIAM.
Marta Garcia-Lavin, M.D., appeals a final order of the Florida Department of Professional Regulation which suspended her license to practice medicine. As to Garcia-Lavin’s contention that her fourth amendment rights were violated, we conclude that under the standards set forth in United States v. Salvucci, 448 U.S. 83, 92, 100 S.Ct. 2547, 2553, 65 L.Ed.2d 619, 628 (1980); Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); and United States v. Haydel, 649 F. 2d 1152, 1154-55 (5th Cir.), modified, 664 F. 2d 84 (5th Cir. Unit A 1981), cert. denied, 455 U.S. 1022, 102 S.Ct. 1721, 72 L.Ed.2d 140 (1982); see also Dean v. State, 478 So. 2d 38, 41 (Fla. 1985), Garcia-Lavin is without standing to challenge the seizure of the pre-signed prescription forms she had left in the custody of (and on the premises of) her former employer, where those forms were seized at the time of the arrest of her former employer. We therefore need not reach the Department’s alternative grounds for affirmance on that issue. In any event, even if that were not so and even if the forms should have been excluded from evidence, Garcia-Lavin’s admissions in her affidavit established all of the facts necessary to the hearing officer’s findings. Had there been any evidentiary error with regard to the prescription forms, it would have been harmless. As the other points on appeal likewise show no reversible error, the judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rakas v. Illinois, 439 U.S. 128 (U.S. 1978)
- United States v. Salvucci, 448 U.S. 83 (U.S. 1980)
- Hinds v. United States, 455 U.S. 1022 (U.S. 1982)
- Dean v. State, 478 So. 2d 38 (Fla. 1985)
- United States v. Haydel, 649 F.2d 1152 (5th Cir. 1981)
- United States v. Haydel, 664 F.2d 84 (5th Cir. 1981)