State v. Hardy

Believing a reasonable expectation of privacy exists in the test results of a person’s blood analysis, I respectfully dissent.

I. The Fourth Amendment

As stated by the majority, the issue is whether the government’s acquisition of a written blood analysis violated appellee’s Fourth Amendment constitutional right to privacy.1 U.S. Const. amend. IV. Specifically, appellee contends that he had a reasonable expectation of privacy in medical records retained by the hospital such that the United States Constitution prohibited their unreasonable seizure. If a privacy right did exist, then the State…