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King v. State

The defendant was not entitled to notice or a hearing prior to issuance and execution of a search warrant for his medical records relating to a 1-car suspected DUI accident.

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Following a one-car accident, a police officer charged Michael David King with driving under the influence, and the State executed a search warrant for King’s medical records at the hospital where he was treated for injuries. We granted King’s interlocutory application to consider whether he was entitled to notice and an opportunity to be heard on the State’s request for a search warrant to obtain his medical records. Because a search warrant requires a neutral judicial officer to find probable cause that a crime has been committed, we hold that a defendant’s constitutional right to privacy is not violated when the State obtains private medical records through a search warrant without notice to the defendant or a hearing on the request. Therefore, we affirm the trial court’s denial of King’s motion to suppress.

Michael David King was driving on a Gwinnett County road on February 25, 2000, when his car apparently spun out of control, crossed the road, hit an embankment, flew into the air, and landed upside down. The investigating officer, Todd W. Ramsey, smelled alcohol on King’s breath and from inside the car. The fire department extricated King from his car and took him to the Gwinnett Medical Center where hospital workers drew his blood for diagnosis and treatment. At the hospital, Ramsey noted that King’s speech was slow and slurred. The police officer read the implied consent notice to King, and King agreed to submit to the state-administered chemical blood test. The test showed a alcohol result of 0.19 grams per 100 milliliters.

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