{"id":62386,"date":"2025-11-25T16:02:01","date_gmt":"2025-11-25T21:02:01","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62386"},"modified":"2025-11-25T16:02:01","modified_gmt":"2025-11-25T21:02:01","slug":"oh6-defs-medical-records-from-hospital-required-sw-not-gj-subpoena","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=62386","title":{"rendered":"OH6: Def’s medical records from hospital required SW not GJ subpoena"},"content":{"rendered":"\n

Defendant\u2019s hospital records were obtained by grand jury subpoena. He moved to suppress claiming that he had a reasonable expectation of privacy and a warrant was required. The court agrees, rejecting numerous arguments from the state. In addition, the court holds that these records are not mere third-party records. Finally, the good faith exception does not apply. State v. Russell<\/a>, 2025-Ohio-5306, 2025 Ohio App. LEXIS 4012 (6th Dist. Nov. 25, 2025) (so this begs the question of whether the state can now just get a warrant and get them again?):<\/p>\n\n\n\n\n\n\n\n

{\u00b6 29} For the reasons discussed above, we find that Russell had a reasonable expectation of privacy in his medical records. As such, the State intruded “into a sphere in which there exists a reasonable expectation of privacy with an intent to obtain information,” and the procurement of Russell’s medical records qualified as a search under the Fourth Amendment. See Jackson, 2022-Ohio-4365, at \u00b6 15. This search was conducted without a warrant. “[W]arrantless searches are typically unreasonable where ‘a search is undertaken by law enforcement officials to discover evidence of criminal wrongdoing.’ Thus, ‘[i]n the absence of a warrant, a search is reasonable only if it falls within a specific exception to the warrant requirement.'” (Citations omitted.) Carpenter at 316 – 17. Here, the State has not alleged any exceptions to the warrant requirement apply. Thus, we find the State’s first and second assignments of error not well-taken.<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s hospital records were obtained by grand jury subpoena. He moved to suppress claiming that he had a reasonable expectation of privacy and a warrant was required. The court agrees, rejecting numerous arguments from the state. In addition, the court … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,114,18],"tags":[],"class_list":["post-62386","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-privileges","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62386","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=62386"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62386\/revisions"}],"predecessor-version":[{"id":62387,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62386\/revisions\/62387"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62386"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62386"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62386"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}