A Recent Minnesota Order Regarding the Sharing of Covid-19 Patient Information May Have Significant Legal Considerations. The Covid-19, AKA “Corona Virus”, and Current Considerations by Government The pandemic covid-19 crisis has led to unprecedented considerations and speculations on what the future of our medical data and privacy will look like both in Minnesota and throughout the United States. Federal officials have even considered the possibility of issuing certified “immunity cards” to people who have had the corona virus despite the fact we have no idea whether inherent immunity invests after infection and for how long. Obviously government has taken unprecedented actions in the face of this new and fast moving public safety concern. The contrast between our deepest held liberties and the government restrictions on our very movements and livelihoods present significant legal questions with facts that appear virtually nowhere in published court opinions. In short, we are in unchartered territory, and while we must continue to operate on science and facts, protect our neighbors, and avoid mindless conspiracy theories, liberty is a thing that must be closely guarded, and history teaches us that liberty is most vulnerable in the face of fear and crisis. That means, for those of us in the legal profession, especially criminal defense attorneys, we need to remain vigilant, thoughtful, and deliberative when studying these developments as they have at least the potential to violate certain rights. The criminal defense lawyer should have an updated and watchful eye on civil liberties in the context of the Covid-19 Pandemic and the operation of law enforcement and courts. It was recently revealed that, according to an executive order of Governor Tim Walz, the Minnesota Department of Health has the street addresses and other information of every person known to be infected with Covid-19, and that information can be freely shared with law enforcement. While there may be utility to such an order, Minnesota medical privacy laws carry significant privileges for patients of all sorts which far exceed even HIPPA standards. Recently, Alex DeMarco achieved a victory in a DWI case where a blood sample was suppressed after a serious accident in which his client was alleged to be driving under the influence. The following is some pertinent law on the subject of how your medical information can be shared. Minnesota Statute § 595.02, subd. 1 … (d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the consent of the patient, be allowed to disclose any information or any opinion based thereon which the professional acquired in attending the patient in a professional capacity, and which was necessary to enable the professional to act in that capacity; after the decease of the patient, in an action to recover insurance benefits, where the insurance has been in existence two years or more, the beneficiaries shall be deemed to be the personal representatives of the deceased person for the purpose of waiving this privilege, and no oral or written waiver of the privilege shall have any binding… Read more {+}
Posts Categorized Warrants
Warrant Requirements and Exceptions in Minnesota
Under the Fourth Amendment, we have the right to be sure that our person, house, vehicle, and other property are protected from unreasonable search and seizure. However, while there are numerous exceptions that are able to bypass this right, the State and its police officers must obtain a valid warrant to perform a lawful search, otherwise the contents discovered on that search are not valid in a court of law. By knowing the requirements of a search warrant in Minnesota was well as some of the acceptable exemptions, you can evaluate if the case against you is indeed within the realms of the Fourth Amendment. Search Warrant Requirements in Minnesota The search warrant can be issued by any court in the jurisdiction of where the person or property is to be searched. The only exception is that probate court cannot issue a warrant for searches. A search warrant can be granted if any of the following were true: The property or items in question were stolen or embezzled, the property or items were used in the process of committing a crime, the possession of the property or items constitutes as a crime, or the property or items were delivered in the act of concealing a crime or preventing them from being discovered. A valid search warrant can only be issued by the court of probable cause. This needs to be supported by an affidavit that names or describes the person, property, or object to be seized and detail needs to be given when describing the place that can be searched. If the court is satisfied with the facts given by the affidavit that probable cause exists, the judge must sign the warrant, naming their judicial office, and then hand it over to an officer that can be inside or outside of the jurisdiction. The warrant will also sport the names of those presenting the affidavit and the grounds for its issuance. The execution of a search warrant can only be done by one or more of the officers mentioned in the warrants directions and by no other person except other officers requested by aid of one of the officers on the search warrant. In standard cases, a search warrant can only be served between the hours of 7:00 a.m. and 8:00 p.m. However, warrants can be served at night, but only with court approval if the facts stated in the affidavit merit a night-time search to prevent the loss, destruction, or removal of the objects of the search. A search warrant is void if not served within 10 days of its issuing. However, once issued, it is easy for officers to renew it when needed. When the officer stated in the warrant conducts a search, they must give you a copy of the warrant and, if property or items are removed, a receipt for them to the owner as well as to the court. When Do Officers Not Need a Warrant? There are four major exemptions to search warrants where… Read more {+}