A Georgia state statute (OCGA § 17-5-21(a)(5)) limits when authorities can obtain a search warrant for "private papers." In 1993, the Georgia Supreme Court held that the statute protected papers relating to the "doctor-patient" privilege (the GA Legislature does not recognize such a privilege). Thirteen years later, the Court decided to question the 1993 decision.
Phillips Byrd Brogdon, Jr. rear-ended another vehicle in December 2007. He was treated at Gwinett Medical Center. In the resulting case, prosecutors obtained records of Brogdon's visit to the hospital which proved he was diagnosed with alcohol intoxication and had a blood alcohol content of 0.329. The judge allowed the medical records to be introduced as evidence in the trial and the Supreme Court elected to consider the question of whether "private papers" applies to a search warrant issued for medical records maintained by a hospital.
The Court held that the term "private papers" covered those papers that "belonged to the accused" or were "in his possession." Medical records did not meet that test; therefore they were not covered by the privilege. The decision will make it easier for prosecutors to obtain defendants' medical records in DUI cases. Such records may also be important in drug overdose and domestic violence situations.
The holding opens the door for future constitutional challenges.
