Legal Question in Criminal Law in Florida

hipaa regulations

A vehicle reportedly driven in a reckless manner by a vol. fireman is searched without consent and receipts of medications are found in a zippered book bag. The Deputy escorts the tenant of the home against his will into the home and finds the medication bottles in a shoe box sitting in on the bathroom counter. He seizes them and counts them with another officer in their cupped hands on the trunk of a vehicle and declare that 3 tablets are missing. The owner of the house and the medication are asked if they knew that the medication was being bought and if they had taken any and received a reply in the affirmative. The medication is misidentified as Oxycodone and taken into evidence and never returned, the subject that picked his meds and his grandfather's meds is then arrested and charged with possession of his grandfather's medication. The grandson and the grandfather have been repeatedly asked why they are taking these meds and what are their symptoms,how often they take the meds and how does it make them feel, how will this medication improve their pyschiatric problems and what is the goal in their treatment. The grandson is questioned if he has had inpatient treatment and when and where.

Have any Hipaa laws been broken?


Asked on 6/15/08, 7:39 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: hipaa regulations

You've posted in the wrong forum. You've posted under the topic of criminal law, where most of us who read this are criminal defense lawyers. You probably want to speak with a lawyer who specializes in HIPAA or employment law. HIPAA laws aren't our area of practice, since they don't have an impact in criminal court.

If you were looking for a reason to have evidence thrown out of court, a violation of HIPAA laws wouldn't provide it. Evidence can only be thrown out where the police violate the Constitution, not where they violate specific laws, like HIPAA laws.

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Answered on 6/15/08, 10:22 pm


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