CA11: Affidavit for SW for doctor for overprescribing didn’t require expert opinion

In an overprescribing case against a doctor, the 39 page affidavit for a search warrant for his house and office did not require an expert’s opinion that he was overprescribing and that he continued to prescribe after being told patients were addicted and some overdosed. United States v. Joseph, 709 F.3d 1082 (11th Cir. 2013)*:

Green acknowledges that the lengthy affidavit sets forth a “litany of facts” that suggest he violated the Act, but he argues that the affidavit was deficient because it was not supported by expert medical testimony that his practices were outside the usual course of professional practice or not for a legitimate medical purpose. He argues that, without expert testimony, the judge who approved the search warrant could not have had probable cause to suspect that Green’s medical practices were unlawful. We disagree. Because Green did not raise this specific objection to the search warrant before the district court, we review only for plain error.