John Matthew Gayden, Jr. v. United States
DueProcess FourthAmendment Privacy HealthPrivacy
Whether the Fourth Amendment permits a law enforcement officer to search the Florida Prescription Drug Monitoring Program without a warrant
question presented is: whether, or under what circumstances, the Fourth Amendment permits a law enforcement officer pursuing a criminal investigation to search the PDMP without a warrant. II. Whether, to establish that pre-indictment delay violated due process, the defendant must prove both actual prejudice from the delay and that the delay resulted from the government’s improper motive or intentional tactical decision, as nine circuit courts and 28 state courts of last resort have held, or whether the defendant must prove actual prejudice and, assuming he does, courts must then balance that prejudice against the government’s articulated reasons for the delay, as two circuit courts and nine state courts of last resort have held. 1