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Ellis v. State10/17/2005
a search warrant. Based on the information contained in the records, the State had the physician testify at trial regarding Ellis's admission.
King v. State directly addressed the constitutionality of obtaining medical records pursuant to a search warrant. Finding that existing search warrant procedures provide adequate protections for a defendant's privacy rights under both the Georgia and United States Constitutions, King held that the State does not violate a defendant's right to privacy or due process in obtaining a search warrant for medical records without notice or a hearing. King, supra at 129 (2).
Ellis relies upon the similarly named case of King v. State, which held that it was unconstitutional for the State to obtain medical records using a subpoena. However, because the State in this matter obtained Ellis's medical records through a search warrant and not a subpoena, Ellis's reliance on this authority is misplaced. Accordingly, Ellis's third enumeration of error is without merit. We affirm the conviction.
Judgment affirmed. Miller and Bernes, JJ., concur.
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