STATE OF FLORIDA, APPELLANT,
v.
PATRICK JOHN RIVERS, APPELLEE
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The State sought review of a trial court's denial of authorization to issue an investigative subpoena for Rivers' emergency room records and toxicology reports in a DUI case. The appellate court held that the State met its burden of establishing relevancy and compelling state interest necessary to overcome the patient's privacy rights, and therefore reversed the trial court's denial.
The State met its burden of establishing relevancy and compelling state interest. The emergency room and toxicology records were directly related to the incident and ongoing criminal investigation, and the existence of other incriminating evidence against the defendant was not a proper basis to deny issuance of the subpoena.
[1] A notice of appeal filed as to a nonfinal order denying a motion for authorization to execute an investigative subpoena may be treated as a petition for writ of certiorar…
[2] A patient must be given notice before a subpoena can be issued to compel disclosure of their medical records.
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Establishes the legal standard for obtaining medical records through investigative subpoena
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Join FLexlaw to unlock all legal intelligenceRivers was charged with driving under the influence causing serious bodily injury. The State requested authorization to issue an investigative subpoen…
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SILBERMAN, Judge.
The State seeks review of the denial of its motion for authorization to execute a subpoena to obtain emergency room records and toxicology reports or records. Although the State filed a notice of appeal as to the nonfinal order denying its motion, we treat the notice as a petition for writ of certiorari. Fla. R.App. P. 9.040(c). Because the State met its burden in order to obtain an investigative subpoena for the records, we grant the petition.
Rivers was charged with driving under the influence, causing serious bodily injury. § 316.193(3)(c)2, Fla. Stat. (Supp. 1998). The State sought authorization from the trial court to execute an investigative subpoena for emergency room medical records and toxicology reports. The State contended that the records and reports would indicate whether Rivers was under the influence of drugs or alcohol at the time of the crash. Rivers argued against the discovery and noted that the State already had blood draw evidence. The State argued the blood draw evidence may be suppressed or excluded at trial. The record reveals that Rivers filed a motion to suppress and a motion in limine directed to the blood draw evidence, but the motions had not been ruled upon by the trial court.
The trial court denied the State’s motion without prejudice, reasoning that because the State already had the results of a legal blood draw, discovery of the other medical records and reports was not necessary. The trial court left open the possibility that the State could renew its request when “the medical blood related evidence becomes more relevant.”
Before a subpoena can be issued to compel disclosure of a patient’s medical records, the patient must be given notice. Hunter v. State, 639 So. 2d 72, 74 (Fla. 5th DCA 1994). If the patient objects to disclosure, the State has the burden to establish the relevancy of the medical records which it seeks to obtain. Id.
The court in Hunter recognized that a patient’s medical records are protected under Florida’s constitutional right to privacy. Id.; see also Art. I, § 23, Fla. Const. The right to privacy may be overcome by the showing of a compelling state interest. Such an interest exists where there is a reasonable founded suspicion that the materials contain information relevant to an ongoing criminal investigation. Hunter, 639 So. 2d at 74; State v. Rutherford, 707 So. 2d 1129, 1131 (Fla. 4th DCA 1997).
The emergency room and toxicology records and reports sought by the State were directly related to the incident which led to the charges against Rivers and to the on going criminal investigation. The State thus met its burden of establishing relevancy and-a compelling state interest. The fact that the State had other incriminating evidence against Rivers was not a proper basis to prevent execution and issuance of the investigative subpoena.
Because the State met its burden, we grant the petition for writ of certiorari, quash the order denying the State’s motion, and remand with directions that an order be entered authorizing the State to issue a subpoena to obtain the requested records and reports.
PARKER, A.C.J., and NORTHCUTT, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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McALEVY v. State, 947 So. 2d 525 (Fla. 4th DCA 2006)…the least intrusive means to accomplish its goal. Shaktman v. State, 553 So. 2d 148 (Fla.1989). A compelling state interest exists upon a showing that the materials contain information relevant to an ongoing criminal investigation. State v. Rivers, 787 So. 2d 952; 953 (Fla. 2d DCA 2001). Section 395.3025, Florida Statutes, outlines the procedure for obtaining a person’s medical records under subpoena, stating: Patient records are confidential and must not be disclosed without the consent of the person to w…1 / 2
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Rush Limbaugh v. State, 887 So. 2d 387 (Fla. 4th DCA 2004)…uire. If a mere reasonable suspicion is constitutionally sufficient for the State to seize medical records by subpoena, obviously the probable cause necessary for the issuance of a search warrant affords even greater protection. See State v. Rivers, 787 So. 2d 952 (Fla. 2d DCA 2001) (constitutional right of privacy in medical records overcome by State’s showing of reasonable suspicion for issuance of investigative subpoena). Search warrants have generally not required prior notice because of the understandab…
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Dennis and Mary Hill v. State, 846 So. 2d 1208 (Fla. 5th DCA 2003)…nt Dennis obtained knowledge from confidential communications with his wife, and not other sources, the State must make a preliminary showing that the information sought is relevant to the homicide or the child neglect charges. Cf., State v. Rivers, 787 So. 2d 952(Fla. 2d DCA 2001); Hunter v. State, 639 So. 2d 72 (Fla. 5th DCA 1994). If relevancy is challenged by Dennis or Mary, the trial court shall make the determination as to relevancy. It may employ an in camera procedure. We thus modify the trial court’s…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hunter v. State, 639 So. 2d 72 (Fla. 5th DCA 1994)
- State v. Rutherford, 707 So. 2d 1129 (Fla. 4th DCA 1997)