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Medical records not stale, where there is probable cause

By John Wesley Hall, Jr.

Medical records are an exception to the staleness of probable cause: "Medical records fall under the exception for evidence that is perpetuated over a period of time." United States v. Hindman, 2008 U.S. Dist. LEXIS 60451 (E.D. Wash. July 25, 2008).* Court credits that defendant was stopped for speeding on a motorcycle, even though it was not the real reason for the stop (Whren) and that he consented to a search of his person, finding drugs. United States v. Nickerson, 2008 U.S. Dist. LEXIS 60148 (E.D. Tex. July 24, 2008).*

Full post as published by Fourth Amendment on August 12, 2008 (boomark / email).