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Thacker v. Commonwealth6/21/2002
bona fide suspicions that the individual about whom they are inquiring has violated a provision of KRS Chapter 218A appropriately restrains their discretion.
We agree with the trial court, furthermore, that the individualized-suspicion requirement, whatever its exact relation to probable cause, was more than satisfied in this case. Thacker, likely a recent prescription forger, was caught intoxicated and in possession of a large number of containers for prescription pain relievers that are often abused. This was sufficient evidence to justify the search of Thacker's KASPER report.
Even if the search was valid, Thacker next contends, the detective 's use of the KASPER data to direct his investigation amounted to a disclosure of that data in violation of KRS 218A.202(6)(f), the provision that a recipient of KASPER data not disclose it without a court order. We do not agree, however, that the detective's use of Thacker's data amounted to a disclosure. The detective testified that he showed the report to no one, including the grand jury, nor did he tell anyone what the report contained. His asking the doctors who prescribed the overlapping medications whether Thacker told them of other prescriptions and whether they would have prescribed differently if he had told them disclosed nothing to the doctors. Generally, of course, a question is not a statement. The basis for the detective's questions need not have been and was not disclosed. On the contrary, the disclosures occurred in the opposite direction: the doctors gave information to the detective. It was that information, not the KASPER data, that the detective then presented to the grand jury. The detective's use of Thacker's KASPER report to elicit that information efficiently did not violate KRS 218A.202(6).
For these reasons, we affirm the May 29, 2001, judgment of the Fayette Circuit Court.
ALL CONCUR.
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