OH6: Def’s medical records from hospital required SW not GJ subpoena

Defendant’s 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, 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?):

{¶ 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 ¶ 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.