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Farrall v. State11/17/2004
la. 4th DCA Oct. 6, 2004) (holding that "the constitutional right of privacy in medical records is not implicated by the State's seizure and review of medical records under a valid search warrant without prior notice or hearing").
In this case, the state initially sought appellant's blood samples by way of a subpoena, but later obtained a search warrant to seize the same evidence. Thus, the subsequent issuance of a search warrant negated the need for a subpoena as well as any argument that notice was deficient. Because the state abandoned the subpoena in favor of a validly obtained search warrant, the trial court correctly denied appellant's motion to suppress.
AFFIRMED.
STONE and POLEN, JJ., concur.
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