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STATE v. RUTHERFORD

No. 95-4214.

707 So.2d 1129 (1997)

STATE of Florida, Appellant, v. James RUTHERFORD, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion Denying Rehearing and Certification February 4, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellant.

J. David Bogenschutz of Bogenschutz & Dutko, P.A., Fort Lauderdale, for appellee.

EN BANC

GROSS, Judge.

This is an appeal from an order suppressing medical records obtained by a state attorney's investigative subpoena in a criminal proceeding. Because the records were obtained contrary to constitutional and statutory provisions, we affirm.

After an automobile accident on Interstate 95, an ambulance brought appellee, James Rutherford, to Broward General Medical Center. Florida Highway Patrol investigators believed that Rutherford...

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