ROBERT TILLINGER, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court quashed the portion of a subpoena ordering production of actual blood samples, holding that while medical records may be subpoenaed with notice, the state failed to demonstrate that the physical blood samples constitute discoverable records or represent the least intrusive means of obtaining the needed information.
A subpoena for actual blood samples drawn from a defendant must be quashed when the state has not met its burden of showing the samples are records under Florida law or that they are the least intrusive means of obtaining the relevant information, even though toxicology reports are available.
[1] A subpoena for actual blood samples held by a hospital records custodian must be quashed when the state has not demonstrated that the physical samples constitute records…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the state can subpoena "medical records so long as the patient is given notice before the subpoena is issued and, if the patient objects, the state carries its burden of showing the relevance of the records to its criminal investigation."”
Court citing Ussery v. State regarding the conditions under which medical records may be subpoenaed in criminal investigations.
The state sought to subpoena blood samples drawn from defendant Tillinger that were held by Baptist Hospital. The defendant moved to quash the subpoen…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Medical Records cases and more on FLexlaw
PER CURIAM.
On Petition For Writ of Certiorari
We grant the petition for writ of certiorari and quash the portion of the order on defendant’s motion to quash the subpoena duces tecum that orders the Baptist Hospital Records Custodian to produce for the state’s inspection blood samples drawn from defendant. The state correctly argues that it can subpoena “medical records so long as the patient is given notice before the subpoena is issued and, if the patient objects, the state carries its burden of showing the relevance of the records to its criminal investigation.” Ussery v. State, 654 So. 2d 561, 561 (Fla. 4th DCA 1995). However, the state has not met its burden of demonstrating that the blood samples are records, as contemplated by section 395.3025(4)(d), Florida Statutes (2000), or that the actual blood samples are the least intrusive means of satisfying its interest in the information. The state has the toxicology reports on the blood available under the subpoena.
We are unpersuaded by the state’s argument that section 316.1933, Florida Statutes, permitting an officer to use reasonable force to compel submission by a driver to a blood test, requires the records custodian to release a blood sample to the state in this case. The statute is inapplicable to this scenario.
Based on the foregoing, we grant certiorari and quash that portion of the subpoena that orders the records custodian to produce the defendant’s blood samples.
Certiorari granted in part, denied in part; order quashed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In re Beaubrum v. Rolle, 654 So. 2d 561 (Fla. 3d DCA 1995)
- Ussery v. State, 654 So. 2d 561 (Fla. 4th DCA 1995)