Barry v. Freshour

Texas officials order doctor to turn over patient records. (He declines, but an office manager surrenders them after being threatened with arrest.) Fifth Circuit: Though the records were potentially inculpatory, the doc can’t challenge the search because he has no privacy interests at stake. Only the patients have privacy interests in the medical records, and because the doc doesn’t own the clinic where he works, he doesn’t have a privacy interest in the area searched (which differentiates the case from the Fifth Circuit’s August decision in a similar case).

Tags: 2018, Fifth Circuit, Fourth Amendment, Privacy

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