State v. Gonzalez

I agree with the majority that there was no violation of ORS 132.580 and no need to impose sanctions under that statute. Nevertheless, because I disagree with its conclusion that medical records do not come within the protection of Article I, section 9, of the Oregon Constitution, I dissent.

Under Article I, section 9, of the Oregon Constitution:

“A search or seizure to obtain evidence of a crime is unconstitutional if no warrant authorized the search or seizure and there is no exigency that would obviate the need for a warrant.” State v. Campbell, 306 Or 157, 162, 759 P2d 1040 (1988).

The state…