New Appeals Test for Medical Prescription Warrantless Searches

A federal appeals court could rule anytime on whether law enforcement needs a warrant to access information on people’s prescription drug use from state databases—a case that’s pitted states against the U.S. Drug Enforcement Administration.

Privacy Expectations: The U.S. Court of Appeals for the First Circuit is considering the Fourth Amendment question of whether there’s a reasonable expectation of privacy in the database records. The state of New Hampshire says there is, so law enforcement needs a warrant. The Justice Department says there is no expectation of privacy in the records provided to a third party.

Supreme Court Decision: ...