[Vision2020] 10-06-04 CNN: Limbaugh loses appeal in court

[Art Deco aka W. Fox]

Limbaugh loses appeal in court
Ruling backs seizure of talk show host's medical records
Wednesday, October 6, 2004 Posted: 12:20 PM EDT (1620 GMT)

WEST PALM BEACH, Florida (CNN) -- The state acted correctly when it seized Rush 
Limbaugh's medical records, Florida's 4th District Court of Appeal announced in 
a written opinion issued Wednesday.

The seizure did not affect the popular talk-show host's right to privacy, the 
court said Tuesday in its 13-page ruling.

Roy Black, Limbaugh's attorney, had argued that his client's privacy rights were 
violated when the state attorney's office used a search warrant to seize the 
records, which gave Limbaugh no opportunity to challenge the seizure.

James Martz, assistant state attorney, had argued that giving notice, or using a 
subpoena, would have compromised the investigation into whether Limbaugh was 
obtaining prescription painkillers illegally.

The state attorney's office in Palm Beach County has said Limbaugh is under 
investigation for possibly going from doctor to doctor to illegally buy the 
drugs, which is a felony in Florida.

Limbaugh, who has not been charged, has denied the accusation and accuses 
investigators of going on a fishing expedition in order to embarrass him.

The American Civil Liberties Union has supported Limbaugh's position, arguing 
the outcome could affect doctor-patient confidentiality.

The court of appeal heard oral arguments April 7 in the case.

Medical records under seal
Prosecutors seized Limbaugh's medical records in late November and early 
December of 2003. Authorities also seized Limbaugh's prescription records from 
several drugstores from which Limbaugh obtained 2,000 pills over six months, 
prosecutors said.

The medical records remain under court seal pending a decision in the case. 
Limbaugh can petition for a rehearing.

After his former housekeeper sold a story to the National Enquirer in which she 
said she sold prescription painkillers to the talk show host, Limbaugh admitted 
his addiction to pain medication last October and left his radio show for five 
weeks while he attended a rehabilitation program.
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