FourthAmendment CriminalProcedure Privacy HealthPrivacy
Whether patients hold a reasonable expectation of privacy under the Fourth Amendment in prescription medication records
Question Presented for Review “Tt is familiar history that indiscriminate searches and seizures conducted under the authority of ‘general warrants’ were the immediate evils that motivated the framing and adoption of the Fourth Amendment.” Payton v. New York, 445 U.S. 573, 583 (1980). Nevada allows such indiscriminate searches, providing law enforcement access to patients’ prescription histories. In a published opinion, a panel majority approved this statute, deepening a jurisdictional split and departing from this Court’s precedent, to hold that prescription drug information is not private. United States v. Motley, 89 F.4th 777, 783-86 (9th Cir. 2023); Appx. A, pp. 1-13. The question presented is: Whether patients hold a reasonable expectation of privacy under the Fourth Amendment in prescription medication records, which can reveal a wealth of private medical information. i