Case Conclusion Date: November 18, 2009
Practice Area: Criminal Defense
Outcome: Motion to suppress granted-State appealed court ruling
Description: Defendant obtained over 17,000 pills of oxycontine from various pain management clinics. Defendant was arrested with a Shannon West who was using the Defendantâ€™s spouse (Karen Hay) prescription. Defendant was released, but based on this information, , TTPD sent faxes to over 80 pharmacies seeking all information concerning what prescriptions were obtained from the Defendant, his son and wife. The SAO theory is based on fraud. That is, the Defendant, son, and wife obtained over 30,000 pills of Schedule III Hydrocodone, inter alia, by going to multiple pain clinics to get prescriptions. This search was conducted without a court issued subpoena and without probable cause. Based on the information gathered from these pharmacies (17 returned information concerning the Defendant, her son, and husband) , the police then gathered evidence from a variety of pain management clinics. All of this is subject to suppression. The State argues that the request for information from pharmacies is lawful and not covered by Florida Statutes or HIPPA under 45 CFR 164.512; are expressly exempt from section 456.057 Florida Statute, and by implication, therefore, from Florida Statute 395.3025.To the contrary, Florida Statute 395.3025 gives specific and expressed guidance on how medical records may be recovered. The State failed to follow these guidelines. Under the rule of statutory construction, FS 395.3025 must be strictly construed to include pharmacies.