Investigators raided doctors' offices to seize records that could show if the radio commentator tried to "doctor shop" in a quest for painkillers.
By Associated Press
Published October 7, 2004
WEST PALM BEACH - A state appeals court ruled Wednesday that prosecutors did not violate Rush Limbaugh's privacy when they seized his medical records to investigate claims of illegal drug use.
Investigators raided offices of Limbaugh's doctors last November seeking information on whether the radio commentator tried to "doctor shop" - illegally visit several doctors to obtain multiple prescriptions for painkillers.
Limbaugh, 53, has not been charged with a crime and the investigation had been at a standstill pending a decision on the medical records. A three-judge panel of the 4th District Court of Appeal heard arguments in the case in April.
The panel rejected Limbaugh's arguments that his privacy rights trumped investigators' power to seize his records, even with search warrants. Judges also said prosecutors did not have to notify him of the warrants or give him an opportunity to challenge them.
"The state's authority to seize such records by a validly issued search warrant is not affected by any right of privacy in such records," the panel ruled. Chief Judge Gary M. Farmer wrote the opinion and Judge Carol Y. Taylor concurred. Judge Melanie G. May concurred in part.
Limbaugh said the decision did not recognize privacy rights afforded by Congress or the Florida Legislature. His attorney, Roy Black, said he will likely ask all 12 members of the 4th DCA to review the case and, if necessary, will appeal to the Florida Supreme Court.
"This was a fishing expedition from the outset to see if there was anything they could find to charge me with," Limbaugh said on his Wednesday radio show. "There was no doctor shopping but it was my contention all along that I shouldn't have to give up my right to privacy to prove my innocence."
Prosecutors began investigating Limbaugh two years ago after his former maid told them she sold Limbaugh "large quantities of hydrocodone, Oxycontin and other pharmaceutical drugs" for years. She provided e-mails and answering machine recordings.
Investiators went after Limbaugh's medical records after learning he received about 2,000 painkillers, prescribed by four doctors in six months, at a pharmacy near his Palm Beach mansion.
Limbaugh admitted his addiction to pain medication last October, saying it stemmed from severe back pain. He took a five-week leave for a rehabilitation program.
State Attorney Barry Krischer, a Democrat whom the politically conservative Limbaugh has accused of political motivations in the case, said the appellate ruling validates the investigation and will allow the case to move forward.
Black argued in April that investigators should have provided some notice they were going to seize records containing private information, but instead used search warrants and gave Limbaugh no chance to challenge the seizure.
Prosecutors said giving notice would have compromised their investigation. Judge May's partial dissent Wednesday argued that the case should be returned to the trial court to "determine the relevancy of the records seized and to whom, if anyone, those records may be "disclosed.' "
"Our Legislature has mandated greater protection for a person's medical records than other types of property," May wrote.
Limbaugh was supported in court filings by the American Civil Liberties Union. Randall Marshall, Florida ACLU legal director, said Wednesday's ruling threatens the privacy rights of all Floridians.
If the opinion stands, he said, "you would never have an opportunity to try and limit the information that police can go through."
