Brogdon v. State, A09A1269, Police can obtain a DUI search warrant for medical records
In Brogdon v. State, A09A1269, the Georgia Court of Appeals affirmed the use of a DUI search warrant to obtain medical records regarding a driver after an accident where an open beer can was found in the car and the driver smelled of alcohol by the Gwinnett County State Court trial judge. The Georgia Court of Appeals rejected the Gwinnett County DUI Lawyer's arguments that the warrant should be suppressed because it violated the "private papers" protections from search warrants contained in O.C.G.A. 17-5-21 and seemingly ignores Sears v. State, 262 Ga. 126 (1993) holding that King v. State, 272 Ga. 788 (2000) implicitly overruled Sears even though the private papers objection was not made in King. The medical records are covered by the Doctor -Patient Privilege and the private papers exception to the warrant statue was designed for just this type of personal paper. Should doctors be required to give DUI Medical Miranda rights? "You have the right to remain silent and refuse treatment. Anything you say or any medical treatment you receive may be used against you in a court of law?" This sounds like a good case for the Georgia Supreme Court to decide.
To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is a law firm representing those charged with DUI or driving under the influence of alcohol or drugs. We have been representing DUI Defendants for ten years in the City of Atlanta, Acworth, Alpharetta, Athens, Austell, Avondale Estates, Ball Ground, Barnesville, Big Canoe, Calhoun, Canton, Carnesville, Carrollton, Cedartown, Chatsworth, Chattahooche Hills, Clarkston, College Park, Commerce, Conyers, Covington, Dahlonega, Dallas, Decatur, Doraville, Douglasville, Duluth, Dunwoody, East Point, Fairburn, Forest Park, Forsyth, Fort McPherson, Fort Gillem, Gainesville, Grayson, Griffin, Hampton, Hapeville, Helen, Holly Springs, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lake City, Lawrenceville, Locust Grove, Loganville, Lovejoy, Marietta, McDonough, Morrow, Newnan, Norcross, Palmetto, Peachtree City, Powder Springs, Roswell, Sandy Springs, Senoia, Smyrna, Stockbridge, Stone Mountain, Suwanee, Thomaston, Tucker, Union City, Villa Rica, Winder, Woodstock, and Zebulon and their surrounding counties including Fulton, Clayton, DeKalb, Henry, Fayette, Rockdale, Gwinnett, Cherokee, Forsyth, Coweta, Cobb, Douglas and Spalding. We also represent Defendants upon request outside of the Atlanta area throughout the State of Georgia.
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In Brogdon v. State, A09A1269, the Georgia Court of Appeals affirmed the use of a DUI search warrant to obtain medical records regarding a driver after an accident where an open beer can was found in the car and the driver smelled of alcohol by the Gwinnett County State Court trial judge. The Georgia Court of Appeals rejected the Gwinnett County DUI Lawyer's arguments that the warrant should be suppressed because it violated the "private papers" protections from search warrants contained in O.C.G.A. 17-5-21 and seemingly ignores Sears v. State, 262 Ga. 126 (1993) holding that King v. State, 272 Ga. 788 (2000) implicitly overruled Sears even though the private papers objection was not made in King. The medical records are covered by the Doctor -Patient Privilege and the private papers exception to the warrant statue was designed for just this type of personal paper. Should doctors be required to give DUI Medical Miranda rights? "You have the right to remain silent and refuse treatment. Anything you say or any medical treatment you receive may be used against you in a court of law?" This sounds like a good case for the Georgia Supreme Court to decide.
