That's what I was wondering. It seems highly unlikely that a judge would sign off on a search warrant that gave a cop ALL the records. I could see maybe there was a situation where they could get a warrant for one patient, but ALL the doctors records? No fucking way.
When you ask, a judge, for a warrant you have to be extremely specific. You have to state what you are looking for and to some extent where and why you expect to find it. The why being all your supporting, objective, facts. Other public surveillance etc...... Warrants are not issued as fishing expeditions and they are limited in their scope. When served with a warrant it is VERY important to know it's complete scope and to make sure its an actual warrant. Cops to some extent are allowed to lie (or pretext as they refer to it).
To me it sounds like a law was broken here by the officer and the doctor. These records are supposed to be confidential. I'd speculate that the cop caught this doctor doing something illegal and threatened him with "give me all your records and we won't lock you up". If that's the case, then the doctor broke the law by cooperating.
If a judge did sign off on a warrant like that, then NORML should be all over this.
Something isn't right...
Precisely that is exactly my point. Someone needs to follow that and find out how they got those names from the doctor. Then again newspaper stories are usually very inaccurate. About the only thing less accurate are police reports, LOL.
I believe all a cop has to do is say "I smell marijuana" and then he can invite himself in, so the second you answer the door, you've already possibly lost that battle.
The last time I had a cop show up to my house, I just pretended I wasn't home. He got mad, banged loudly for a long time, but eventually left. He knew we were home, but he couldn't do anything about it.
That was why I went into the Knock Notice and loss of the Exclusionary rule. I would ONLY suggest opening a door to, "Police, search warrant, open up." That was why I was saying I would then ask to see the warrant. ALWAYS ask to SEE the warrant. Once police yell search warrant open up they are coming through that door whether you open it for them or not. Frankly I'd rather keep my door on it's hinges. So then I would open the door, walk out, close the door behind me and ask to see the search warrant. Good test to see if it's a real warrant, though, but I wouldn't recommend it.
No one with half a brain should have anything illegal looking, smelling, etc... within range of the curtainment of their house and that includes any doors, windows, fences, garages etc.... If you do you have much bigger issues.
Another problem is the articles reference to, "known Marijuana users." To me that smacked of people on probation and while you are out but still on probation you may not have all the same legal rights as a 'regular' citizen. It all depends on what the terms of your probation are.
Anyway I agree about not opening your doors to cops. But I go further. I do not open my door to anyone I do not know and people I know who show up without notice etc... I recommend we all develop a little more sensitivity surrounding our privacy, LOL.
