What is the current state of the law on seizure of electronic medical records by the authorities?

California, United States of America


The following excerpt is from People v. Coston, 221 Cal.App.3d 898, 271 Cal.Rptr. 25 (Cal. App. 1990):

In sum, once the authorities are lawfully possessed of suspected contraband or other evidentiary materials, they are entitled to, and should, move as quickly as possible to validate, or dispel, the beliefs that justified their seizure in the first instance. (People v. Teale, supra, 70 Cal.2d at p. 508, 75 Cal.Rptr. 172, 450 P.2d 564 et seq. and cases cited therein.) Certainly the affront to the dignity of their owners will not be further increased, nor their privacy rights diminished, by such action.

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