STATE OF FLORIDA, APPELLANT,
v.
JESSICA WRIGHT, APPELLEE
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Florida's Fourth District Court of Appeal reversed the trial court's suppression order, holding that a deputy's obtaining of pharmacy records pursuant to section 893.07(4) was authorized and did not violate the Florida Constitution, though remanding for consideration of whether information from physicians violated physician-patient privilege statutes.
A deputy's obtaining of pharmacy records under section 893.07(4), Florida Statutes, is authorized and does not violate Article I, Section 23 of the Florida Constitution.
[1] A law enforcement officer may obtain pharmacy records under section 893.07(4), Florida Statutes, without a warrant to investigate suspected doctor shopping, and such obta…
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Join FLexlaw to unlock all legal intelligenceJessica Wright was charged with withholding information from medical practitioners regarding controlled substance prescriptions. A deputy, acting on a…
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Jessica Wright was charged with withholding information from a medical practitioner in violation of subsections 893.13(7)(a)8. and 9., Florida Statutes (2009). Wright moved to suppress evidence secured by a deputy who had received an anonymous tip that Wright was doctor shopping. The deputy went to several pharmacies and obtained records that allowed him to determine that Wright had obtained the same controlled substances from two doctors within 30 days. Based on this information, the deputy contacted the two doctors and learned that Wright had not disclosed to either doctor that she had received a prescription from the other. The trial court granted Wright’s motion to suppress.
We agree with the analysis of our sister courts that the deputy’s obtaining of the pharmacy records was authorized by section 893.07(4), Florida Statutes (2009), and that the statute does not violate Article I, Section 23 of the Florida Constitution. See State v. Carter, 23 So.3d 798 (Fla. 1st DCA 2009); State v. Tamulonis, 39 So.3d 524 (Fla. 2d DCA 2010); State v. Yutzy, 43 So.3d 910 (Fla. 2d DCA 2010); Hendley v. State, 58 So.3d 296 (Fla. 2d DCA 2011). We therefore reverse the order as it applies to the pharmacy records. On re*264mand the circuit court may hold further hearings and consider whether or not the information obtained from the physicians violated section 456.057, Florida Statutes (2009). See State v. Herc, — So.3d -, 2011 WL 116001 (Fla. 2d DCA 2011); State v. Shukitis, 60 So.3d 406, 2010 WL 4365761 (Fla. 2d DCA 2010).
Reversed and remanded.
GROSS, C.J., STEVENSON and GERBER, JJ., concur.
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Cited By
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State v. SUN, 82 So. 3d 866 (Fla. 4th DCA 2011)…d from physicians, so the appellate courts remanded with instructions to “make specific findings as to which portions of the physician information amounted to” medical records per subsection (6). Shukitis, 60 So. 3d at 409. See also State v. Wright, 59 So. 3d 263 (Fla. 4th DCA 2011) (same); Lamb v. State, 55 So. 3d 751 (Fla. 2d DCA 2011) (same); State v. Here, 67 So. 3d 266 (Fla. 2d DCA 2011) (same). There is no need to remand this case for the trial judge to determine whether the patient contracts were med…
Authorities Cited
- State v. Carter, 23 So. 3d 798 (Fla. 1st DCA 2009)
- State v. Tamulonis, 39 So. 3d 524 (Fla. 2d DCA 2010)
- Hendley v. State, 58 So. 3d 296 (Fla. 2d DCA 2011)
- State v. Shukitis, 60 So. 3d 406 (Fla. 2d DCA 2010)
- State v. Yutzy, 43 So. 3d 910 (Fla. 2d DCA 2010)