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Criminal Law

: Fourth Amendment

FL2: Forged prescription from a pharmacy does not require court ordered subpoena

By John Wesley Hall, Jr.

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Forged prescription obtained from a pharmacist was not a “medical record” that a court approved subpoena was required for. A new suppression hearing is required, however. State v. Bean, 2010 Fla. App. LEXIS 410 (2d DCA January 22, 2010)*: This is not a typical suppression case in which a seizure is made without a warrant and the State has the burden to prove that it had constitutional authority to make a warrantless search and seizure. See, e.g., Riggs v. State, 918 So. 2d 274 (Fla. 2005) (finding that the State proved exigent circumstances existed to justify warrantless entry and search of defendant's home); Smith v. State, 753 So. 2d 713 (Fla. 2d DCA 2000) (finding that the State failed to meet its burden of proving defendant consented to warrantless search of his mouth)...continue to full post

Full post as published by Fourth Amendment on January 25, 2010 (boomark / email).

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