A claim of unauthorized practice of medicine authorized a warrant for six years worth of medical files. The good faith exception also applies. United States v. Luzod, 2025 U.S. Dist. LEXIS 256878 (M.D. Fla. Oct. 30, 2025). As to a Franks issue, further explanation of witnesses\u2019 alleged bias wasn\u2019t enough:<\/p>\n\n\n\n\n\n\n\n
The court disagrees. Notably, the affidavit states that Dr. Silva did not have a medical relationship with the patients and did not conduct a medical examination of them. Ms. Luzod is not a physician, physician’s assistant, or nurse practitioner, and she has no independent authority to prescribe controlled substances. Yet the affidavit states Ms. Luzod did so in Dr. Silva’s name. Thus, even with the citations listed above, this conduct would still be unlawful, and the omissions are immaterial.<\/p>\n\n\n\n
Ms. Luzod also argues that additional medical histories of former Clinic patients and purported biases of former Clinic employees would have changed the court’s determination of probable cause. However, inclusion of this information would not have led to a different conclusion regarding probable cause. This information is immaterial to the determination of probable cause because neither Dr. Silva nor Ms. Luzod had the authority to issue prescriptions to the patients in question. Even excluding these portions of the affidavit, the affidavit still contains firsthand observations of Ms. Luzod unlawfully prescribing controlled substances from the Clinic. See United States v. Sarras, 575 F.3d 1191, 1218 (11th Cir. 2009) (“When assessing whether the alleged false statements and omissions were material, the trial court is to disregard those portions of the affidavit which the defendant has shown are arguably false and misleading.”).<\/p>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
A claim of unauthorized practice of medicine authorized a warrant for six years worth of medical files. The good faith exception also applies. United States v. Luzod, 2025 U.S. Dist. LEXIS 256878 (M.D. Fla. Oct. 30, 2025). As to a … Continue reading