Thurman v. State

OPINION

COHEN, Justice.

This case raises hard questions regarding personal privacy and government power. The issue is whether a grand jury subpoena may be used to obtain relevant medical records of a person suspected of driving while intoxicated. We hold that, under these particular facts, the subpoena did not constitute an unreasonable search and seizure. We nevertheless have deep concerns that using grand jury subpoenas to obtain medical records is a process ripe for abuses that courts are ill-suited to prevent or cure. Because we believe legislation is necessary to prevent these potential…