N.D.Ga.: No suppression remedy for alleged HIPAA violation by police

“Moreover, although Defendant initially responded to Kinser’s request for consent by stating, ‘You’re going to do what you’re going to do’ (Tr. 45), Kinser did not then begin searching his car. Instead, Kinser again asked for Defendant’s consent (id.), thus indicating that the deputy did not intend to search the car without Defendant’s consent, and Defendant gave it. Under the circumstances of this case, the Court finds that Deputy Kinser did not coerce Defendant into consenting to the search of his vehicle and that his consent was voluntarily given.” In addition, assuming the officers violated HIPAA in getting information about defendant’s exposure to ricin, there doesn’t appear to be a remedy for a HIPAA violation. United States v. Gibbs, 2018 U.S. Dist. LEXIS 67860 (N.D. Ga. Apr. 23, 2018).

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