Pubdate: Tue, 09 Mar 2004 Source: Miami Herald (FL) Copyright: 2004 The Miami Herald Contact: http://www.miami.com/mld/miamiherald/ Details: http://www.mapinc.org/media/262 Author: Associated Press Cited: ACLU of Florida: http://www.acluffl.org Bookmark: http://www.mapinc.org/people/rush+limbaugh STATE: SEIZING LIMBAUGH'S MEDICAL RECORDS WAS LEGAL WEST PALM BEACH, Fla. - Prosecutors who want to review Rush Limbaugh's medical records argued in court papers that privacy rights should not be used to hide criminal wrongdoing. Seizing the conservative radio commentator's medical records in their investigation of his prescription drug use did not violate his constitutional or privacy rights, Palm Beach County prosecutors said in documents filed Monday. Limbaugh's attorneys are asking the 4th District Court of Appeal to bar prosecutors from using the records seized in November. Limbaugh is under investigation for possible violations of the state's "doctor shopping" law, which prohibits someone from secretly obtaining overlapping prescriptions from different doctors. Limbaugh's attorney, Roy Black, had no comment on the filing. He contends prosecutors should have followed a procedure in state law that requires prosecutors to notify someone with a subpoena before they can obtain the records rather than using a search warrant. The notification is designed to give a person a chance to contest it in court. Assistant State Attorney James Martz argued that Limbaugh's records were seized with a search warrant because investigators feared evidence would be altered or destroyed. Investigators went after the records after discovering that Limbaugh received about 2,000 painkillers prescribed by four doctors in six months at a pharmacy near his Palm Beach mansion. Limbaugh's former maid has told investigators she supplied him with "large quantities" of prescription painkillers for years. "The list of overlapping prescriptions are indicative of a possible pattern of deceptive practices," Martz wrote. Limbaugh, 53, has not been charged with any crime. In October, he admitted to radio listeners that he was addicted to painkillers and was entering a monthlong rehabilitation program. The American Civil Liberties Union and two physicians' groups support Limbaugh on his appeal. - --- MAP posted-by: Larry Seguin