Block on Trump's Asylum Ban Upheld by Supreme Court
US v. Lazar, No. 08-5653, concerned a challenge to the district court's grant of a motion to suppress evidence seized from two medical offices, in a prosecution of the defendant-pediatric doctor for health care fraud and related crimes.
First, the court held that the magistrate judge erred in concluding that an attachment did not suffice to incorporate a patient list into the affidavit and warrants as a lack of formal incorporation by reference into the warrants does not justify a finding of facial insufficiency. Next, the court vacated the district court's suppression of defendant's patient files and remanded with instructions to determine which list, if any, came before the issuing Magistrate judge, and to suppress only those patient files seized beyond the scope of such list as required under Groh v. Ramirez.
The court held that with respect to the non-patient file evidence, suppression was proper and rejected government's alternative theory of inevitable discovery. Finally, the district court's finding that the warrants lacked probable cause to believe that the patients' medical records would be found in the defendant's medical offices is reversed as probable cause supported the warrants.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Sign into your Legal Forms and Services account to manage your estate planning documents.Sign In
Create an account allows to take advantage of these benefits: