FL5: Existence of SW for BAC record in hospital overcame supboena without notice in violation of statute

Defendant’s BAC level was obtain by subpoena without notice contrary to statute, but they were also obtained by search warrant so they would not be suppressed. The search warrant was particular enough. Dinkins v. State, 2019 Fla. App. LEXIS 12923 (Fla. 5th DCA Aug. 22, 2019). Two questions certified to the Florida Supreme Court:

1. Does the failure of the investigating law enforcement officer to provide any notice prior to subpoenaing a defendant’s medical records under section 395.3025(4)(d), Florida Statutes, forever preclude the admissibility of these records at trial, even if they are subsequently obtained through the issuance and execution of a valid search warrant without the assistance of any information gleaned from the previously-subpoenaed records?

2. Does the inevitable discovery exception to the exclusionary rule permit the admissibility of a defendant’s hospital records later obtained by the state through a valid search warrant when the records were first acquired by the state by subpoena without notice to the defendant in violation of section 395.3025(4)(d), Florida Statues?