FL2: SW for medical records were sealed; they need to be opened for investigation but protect rights of patients

Search warrants were used to obtain patient medical records of alleged illegal pain management clinics that implicated the privacy rights of the patients, and they were sealed, amounting to an order of suppression. The circuit court is ordered to fashion a remedy that permits access to the information for the state’s investigation but still protects the identity of the patients. State v. Crumbley, 2014 Fla. App. LEXIS 11386 (Fla. 2d DCA July 25, 2014):

The State appeals an unusual pair of nonfinal orders sealing certain medical records that had been obtained by the State pursuant to a search warrant. The orders effectively deny the State all access to this potential evidence and will prevent its use as evidence in three pending criminal cases. We conclude that this court has jurisdiction to review the orders as orders suppressing evidence obtained by search and seizure. See Fla. R. App. P. 9.140(c)(1)(B).

As explained in this opinion, the medical records were seized prior to the filing of any criminal proceeding. They were seized pursuant to a search warrant during an investigation of persons allegedly operating an illegal pain management clinic. Contrary to the ruling of the circuit court, we conclude that the magistrate could properly issue a search warrant for medical records at the clinic without an affidavit establishing probable cause for each patient. If the records could be used to prove criminal charges against the persons being investigated, the magistrate could authorize their seizure. Accordingly, the circuit court erred in sealing these records for that reason.

The records, however, are the medical records for patients who are not targets of the investigation and for whom law enforcement had no probable cause to obtain a search warrant at the time of seizure. The patients have both statutory and constitutional rights of privacy. Thus, the circuit court was correct to be concerned about those rights. Although we reverse the orders on appeal, we remand for further proceedings at which the circuit court may fashion an appropriate remedy, permitting the State limited access to the information inside the medical records but with a method that is essentially the least intrusive means of interference with the patients’ rights of privacy.

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