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David E Clark

Selected Works

2010

Evidence

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Full-Text Articles in Law

The Constitution Guarantees Doctor-Patient Confidentiality In Criminal Cases, David E. Clark Apr 2010

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.