Limbaugh loses appeal in court

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.





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



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.







http://www.cnn.com/2004/LAW/10/06/limbaugh.records/