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LIMBAUGH v. STATE

No. 4D03-4973.

887 So.2d 387 (2004)

Rush LIMBAUGH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing and Certifying Question November 17, 2004.

Attorney(s) appearing for the Case

Roy Black, Jackie Perczek and Christine Ng of Black, Srebnick, Kornspan & Stumpf, P.A., Miami, for petitioner.

Barry Krischer, State Attorney for the Fifteenth Circuit, and James L. Martz, Assistant State Attorney, West Palm Beach, for respondent.

Mary E. Baluss, Washington, D.C., and Brian A. Kahan of Kahan & Associates, P.L., Boca Raton, for Amici Curiae National Foundation for the Treatment of Pain, and Florida Pain Initiative.

Jon May of May & Cohen, P.A., Fort Lauderdale, Randall C. Marshall of ACLU Foundation of Florida, Inc., Miami, Professor Michael Masinter, Nova Southeastern University, Fort Lauderdale, and Robert C. Buschel of Buschel, Carter, Schwartzreich & Yates, Fort Lauderdale, Amicus Curiae American Civil Liberties Union of Florida, Inc.

Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, and Andrew Schlafly, AAPS General Counsel, New York, NY, for Amicus Curiae The Association of American Physicians & Surgeons, Inc.

FARMER, C.J.

In this petition for certiorari, we are asked to decide whether the authority of the State to seize medical records in a criminal investigation by search warrant is limited by a patient's right of privacy. We conclude that the State's authority to seize such records by a validly issued search warrant is not affected by any right of privacy in such records.

The background may be briefly sketched. Police received statements from two individuals...

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