{"id":63645,"date":"2026-03-19T14:52:07","date_gmt":"2026-03-19T19:52:07","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63645"},"modified":"2026-03-19T17:53:22","modified_gmt":"2026-03-19T22:53:22","slug":"mn-physician-patient-privilege-doesnt-exempt-medical-records-from-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63645","title":{"rendered":"MN: Physician-patient privilege doesn’t exempt medical records from SW"},"content":{"rendered":"\n

Nonprivileged information in a patient’s medical records does not automatically become privileged when it is transmitted to or acquired by a healthcare provider. The physician-patient privilege statute does not prohibit a district court from issuing an order granting the State’s request for a warrant authorizing a particularized search of a criminal suspect’s medical records where the suspect was injured at the scene of a traffic accident. State v. Smeby<\/a>, 2026 Minn. LEXIS 101 (Mar. 18, 2026).<\/p>\n\n\n\n

The seizure of plaintiff\u2019s bus was without a warrant, but that\u2019s not a Fourth Amendment violation. Ravenscroft v. Cellar, 2026 U.S. Dist. LEXIS 56133 (D. Neb. Mar. 18, 2026).*<\/p>\n\n\n\n

\u201cFigueroa’s response to those questions, in light of other attendant factors, gave Albrecht reasonable suspicion to believe that she was engaged in unlawful drug trafficking. In particular, he knew the Buick had a travel history that, based on his training and experience, was suspicious and consistent with drug trafficking. \u2026 Then, when Albrecht asked Figueroa about her travel history, she lied about it. And so did Lopez, who gave a completely different story. That also gives rise to reasonable suspicion. \u2026 In addition, Albrecht knew that Figueroa had previously been arrested for possession of a controlled substance. This, too, can contribute to an officer’s reasonable suspicion of drug trafficking.\u201d United States v. Figueroa, 2026 U.S. Dist. LEXIS 56392 (D. Kan. Mar. 17, 2026).*<\/p>\n\n\n\n

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

Nonprivileged information in a patient’s medical records does not automatically become privileged when it is transmitted to or acquired by a healthcare provider. The physician-patient privilege statute does not prohibit a district court from issuing an order granting the State’s … 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":[114,35,69],"tags":[],"class_list":["post-63645","post","type-post","status-publish","format-standard","hentry","category-privileges","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63645","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=63645"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63645\/revisions"}],"predecessor-version":[{"id":63648,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63645\/revisions\/63648"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63645"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63645"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63645"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}