Whether a search warrant authorizing seizure of a substance abuse counselor's entire patient files and confidential communications without in camera review violates Fourth Amendment privacy protections

No question identified. : QUESTION PR ESENTED FOR REVIEW Robert Moyl an, a licensed clinical professi onal counsel or and psychotherapi st, was one of several individuals approved by the DuPage County, Illinois, Prob ation Department to provi de substance abuse counsel ing to defendants who were convi cted of DUI and who were obligated to recei ve a certai n number of counsel ing hours as a condition of their sentences. A compl aint made by the ex-gi rlfriend of one of his patients prompted an investi gation by the DuPage County State’s Attorney’s Office, resul ting in suspi cion that perhaps Moyl an was not provi ding the number of hours some patients were obligated to recei ve and that he was representi ng they had recei ved. A DuPage County judge subsequentl y issued search warrants for Moyl an’s two professi onal offices. Pursuant to those warrants, the police seized, among other things, a cell phone, three iPads, three computers, and 25 boxes contai ning 950 patient files. Moyl an unsuccessful ly moved to suppress those i tems on the grounds that the warrants were inval id because they were overbroad, and they violated the particularity requirement of the Fourth Amendment as well as his clients’ privacy rights. He was ultimatel y convi cted by a jury of seven counts of forgery and was sentenced to an aggregate term of eight years’ impri sonment. The Illinois Appel late Court rejected his Fourth Amendment challenges and affirmed. The Illinois Supreme Court denied leave to appeal . The i ssues presented for revi ew are: (1) Whether the investi gation of misconduct by a substance abuse counsel or justifies the search warrant seizure of all of the counselor’s patient files and the confi dential communi cations contai ned therei n without the clients’ permi ssion or in camera review by a judge. i (2) Whether suspi cion that a substance abuse counsel or is misrepresenti ng the number of hours of counsel ing he is provi ding to one or more clients and is over-bi lling their insurance compani es justifies the issuance of search warrants allowing law enforcement to seize all of his patient files, computers, laptop s, and cell phones, in addition to items unlikely to contai n evidence of criminal conduct such as passports, social securi ty cards, phone books, personal diaries, telephone and utility bills, driver’s licenses, photographs, a nd keys. ii