2014 Ohio 4873
Ohio Ct. App.2014Background
- Clark crashed October 13, 2011; BAC 0.174 drawn at hospital on Oct. 13, 2011.
- Deputy Miller obtained Clark’s medical records from St. Vincent’s without a warrant on Dec. 20, 2011 under RC 2317.02(B)(2)(a) and RC 2317.022.
- Clark was charged with OVI and failure to maintain; arraignment occurred Dec. 27, 2011 with later continuances.
- Clark moved to suppress medical-records evidence and challenge RC 2317.02 as unconstitutional (Feb. 1, 2012); the court denied part of the motion (May 11, 2012).
- Suppression hearings occurred through 2012–2013, with a final ruling June 5, 2013 denying suppression under RC 2317.02; Clark pled no contest after denial of a speedy-trial motion and the case was remanded on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Warrantless medical-record search violated Fourth Amendment | Clark argues RC 2317.02(B)(2)(a) and RC 2317.022 allow warrantless access without safeguards. | State contends statute serves as a discovery tool and does not violate privacy. | First assignment sustained; suppression reversed as to the medical-record search. |
| Constitutionality of RC 2317.02(B)(2)(a) and RC 2317.022 | Clark contends statute unconstitutional. | State argues statutes are constitutional; waiver and need for safeguards considered. | Second assignment overruled; statutes deemed constitutional. |
| Speedy-trial rights violation | Delay in ruling on suppression violated speedy-trial rights. | Waiver of speedy-trial rights was valid; no discharge for delay. | Third assignment overruled; waiver valid and trial timely under the circumstances. |
Key Cases Cited
- Whalen v. Roe, 429 U.S. 589 (1977) (privacy in medical records; not controlling Fourth Amendment issue here)
- Ferguson v. City of Charleston, 532 U.S. 67 (2001) (hospital-records searches; key Fourth Amendment privacy concerns)
- Missouri v. McNeely, 133 S. Ct. 1552 (2013) (case-by-case warrant exigency for blood tests in DWI context)
- State v. Meyers, 146 Ohio App.3d 563 (2001) (ROC 2317.02(B)(2) and privilege implications in Ohio)
- State v. Mayl, 106 Ohio St.3d 207 (2005) (physician-patient privilege waiver; scope in criminal cases)