Gatesv.State
After a collision left Joseph Gates unconscious and another driver seriously injured, a hospital tested Gates’s blood during treatment. Police sought a warrant for the blood vial, but none issued; about six weeks later, an officer obtained a secret ex parte order for a broad set of medical records, including lab results. The hospital produced records showing a blood-alcohol concentration of 0.201, which the State relied on to arrest and indict Gates, including for DUI per se. The trial court denied Gates’s motion to suppress, and the Supreme Court of Georgia reversed on interlocutory appeal. Applying the Georgia Constitution’s protection of personal medical privacy, the court held that this order was materially like an ex parte subpoena previously held unconstitutional. Unlike a search warrant, the record contained no evidence that the order rested on probable cause or complied with warrant statutes; the court did not hold that all ex parte access to medical records is barred. The court reversed the denial of suppression, concluding that the State violated Gates’s privacy right, and did not reach his separate due-process argument.
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