{"id":21022,"date":"2016-02-29T00:01:46","date_gmt":"2016-02-29T05:01:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21022"},"modified":"2016-02-27T17:11:22","modified_gmt":"2016-02-27T22:11:22","slug":"cal-2d-even-if-civil-code-%c2%a7-56-26-on-medical-record-privacy-had-been-violated-evidence-not-excludable-in-medical-disciplinary-proceeding","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=21022","title":{"rendered":"Cal.2d: Even if Civil Code \u00a7 56.26 on medical record privacy had been violated, evidence not excludable in medical disciplinary proceeding"},"content":{"rendered":"<p>Even if Civil Code \u00a7 56.26 on medical record privacy had been violated, it would not exclude evidence in a medical board proceeding for violating billing standards. The subpoena is enforced as limited by time period. <a href=\"http:\/\/www.courts.ca.gov\/opinions\/documents\/B262469.PDF\">Fett v. Medical Bd. of Cal.<\/a>, 2016 Cal. App. LEXIS 149 (2d Dist. Feb. 3, 2016) (published Feb. 26, 2016).<\/p>\n<p>There was probable cause that defendant\u2019s computer would contain evidence of child sexual abuse based on the reports of an alleged victim and her family. While the location of the computer was not where the abuse occurred because defendant had moved, it is reasonable to conclude that the computer was taken with him. United States v. Neuhard, 2016 U.S. Dist. LEXIS 22772 (E.D.Mich. Feb. 25, 2016).*<\/p>\n<p>Government\u2019s statement that it was not using the product of the search makes the motion to suppress moot. United States v. Hollenbeck, 2015 U.S. Dist. LEXIS 176383 (W.D.N.Y. Dec. 15, 2015),* adopted 2016 U.S. Dist. LEXIS 22458 (W.D.N.Y. Feb. 23, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Even if Civil Code \u00a7 56.26 on medical record privacy had been violated, it would not exclude evidence in a medical board proceeding for violating billing standards. The subpoena is enforced as limited by time period. Fett v. Medical Bd. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=21022\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[14,20],"tags":[],"class_list":["post-21022","post","type-post","status-publish","format-standard","hentry","category-exclusionary-rule","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21022","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21022"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21022\/revisions"}],"predecessor-version":[{"id":21023,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21022\/revisions\/21023"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21022"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21022"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21022"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}