LA4: When state fails to get a SW for def’s medical records, it doesn’t get a do over to fix it

In State v. Skinner, 10 So.3d 1212 (La. 2009), the state supreme court held that there was a state constitutional warrant requirement for defendant’s medical records. Failing to do it right can’t be cured by a later warrant after it’s brought out. State v. Andrews, 2018 La. App. LEXIS 1736 (La. App. 4 Cir. Sep. 12, 2018).

The affidavit for search warrant of defendant’s place had its last information a month earlier, but it described an ongoing drug operation before the one at hand. Therefore, the court finds the trial court didn’t err in refusing to suppress for staleness. State v. Morales, 2018-Ohio-3687, 2018 Ohio App. LEXIS 3992 (10th Dist. Sep. 13, 2018).

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