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The Tenth Circuit Finds a Constitutionally Protected Right to Privacy in Prescription Drug Records

Published online by Cambridge University Press:  01 January 2021

Juliana Han
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Abstract

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Type
JLME Column
Information
Journal of Law, Medicine & Ethics , Volume 34 , Issue 1 , Spring 2006 , pp. 134 - 136
Copyright
Copyright © American Society of Law, Medicine and Ethics 2006

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References

Douglas v. Dobbs, 419 F.3d 1097, 1102 (10th Cir. 2005).Google Scholar
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“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. Const. amend. IV.Google Scholar
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Compare United States v. Nechy, 827 F.2d 1161, 1166 (7th Cir. 1987) (upholding search of pharmacy not conducted pursuant to criminal warrant); United States v. Jamieson – McKames Pharm., 651 F.2d 532, 541–42 (8th Cir. 1981) (upholding warrantless search of pharmaceutical business); United States ex rel. Terraciano v. Montanye, 493 F.2d 682 (2d Cir. 1974) (upholding warrantless search of pharmacy for prescription drug records); Murphy v. State, 115 Wn. App. 297, 62 P.3d 533 (Wash. Ct. App. 2003) (upholding warrantless search of customer's drug records); State v. Russo, 259 Conn. 436, 790 A.2d 1132 (Conn. 2002) (same); State v. Welch, 160 Vt. 70, 624 A.2d 1105 (Vt. 1992) (same), with Murphy v. Townsend, 187 F.3d 648, 1999 WL 439468 (9th Cir. 1999) (unpublished opinion) (affirming denial of qualified immunity on summary judgment because factual dispute existed as to whether defendants conducted warrantless search of customer's pharmacy records), and United States v. Enserro, 401 F. Supp. 460 (W.D.N.Y. 1975) (finding warrantless search of pharmacy illegal).Google Scholar
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