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Full-Text Articles in Law
The Constitution Guarantees Doctor-Patient Confidentiality In Criminal Cases, David E. Clark
The Constitution Guarantees Doctor-Patient Confidentiality In Criminal Cases, David E. Clark
David E Clark
Admitting medical records against a patient in a criminal case violates the fifth amendment because a patient is compelled to tell her doctor inculpatory information. Issuing a search warrant for confidential doctor-patient records violates the right to privacy in the fourth amendment. Warden v Hayden (1967) left open an important exception allowing a constitutional doctor-patient privilege in criminal cases.
Computers, Search Warrants, And The Private Papers Exemption, David E. Clark
Computers, Search Warrants, And The Private Papers Exemption, David E. Clark
David E Clark
Police increasingly seek search warrants for information stored on personal computers. Georgia law, OCGA 17-5-21(a)(5) prohibits the issuance of a search warrant for "private papers," which include any documents subject to a recognized privilege (attorney-client, doctor-patient). This statute, and other technological factors, raise the risk of a computer search warrant being ruled overbroad unless it is carefully drafted. A constitutionally sound format for a computer search warrant application is given, along with guidelines for drafting and executing a warrant for digital property believed to be evidence of a crime.