STATE v. MIRE (2022)

Writ application denied.

I agree with the denial of defendant's writ application in this matter under the principles outlined in State v. Skinner, 08-2522 (La. 5/5/09), 10 So.3d 1212 (the Fourth Amendment and La. Const. art. I, § 5 require a search warrant for criminal investigative examination of prescription and medical records). However, I write separately to note that defendant is not without recourse, as he may file a Motion to Suppress pursuant to La. C.Cr.P. art. 703, prompting a contradictory hearing and resulting in a more fully developed record for appellate review.

Crichton, J., additionally concurs and assigns reasons.