An officer of the U.S. Park Police received a report of an accident on the Baltimore-Washington Parkway. Upon arriving he noticed two cars: one parked partially on the roadway and partially on the shoulder, and the other, driven by the defendant, Ms. Adrian Elliot, against a retaining wall. Ms. Elliot was taken to an area hospital where blood was drawn per hospital protocol. Upon receiving the results of the blood test, the Park Police obtained a warrant and arrested Ms. Elliot.
As the Federal Courts have decided that a person's right to privacy of his medical records in not absolute but must, instead, be balanced against the state's interest in obtaining information, the Maryland court conducted a balancing test and determined that the government's interest in obtaining incriminating evidence outweighed Ms. Elliot's right to privacy.
Keep in mind we are talking about a misdemeanor. Police and prosecutors are tripping over themselves to issue subpoenas for blood records for a crime with a maximum punishment for a first offense of six months in jail. Police and prosecutors are finding complicit judges to sign "carbon copy" search warrants on "No Refusal" weekends for a crime that is one step above a speeding ticket.
See also:
Violation of HIPAA does not mandate exclusion of BAC results (FourthAmendment.com, Jan. 9, 2010)
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