[holdonnow]

This is crap, and you know it. The use of a search warrant is saved for extraordinary circumstances, such as when there's a fear that evidence might disappear or be tampered with. Otherwise, and especially in a case involving the privacy clause of the Florida Constitution, the usual means to secure information is by subpoena. The lib prosecutor didn't want to give Rush a chance to argue against the seizure of his records. And the fact that an elected state trial judge -- another Democrat -- authorizing the search warrant is currently on appeal and hasn't been resolved as a matter of law. To suggest otherwise, as you do, is to mislead everyone on this thread.

[tcuoohjohn]

The SA's office followed standard FRCP rules. Limbaugh used his rights to appeal the release of his records. The records are sealed pending the outcome of that appeal.

Black doesn't assert that the process was illegal. He asserts that the privacy rights of his client outweigh the probative value of the records.

[quidnunc]

holdonnow wrote: This is crap, and you know it. The use of a search warrant is saved for extraordinary circumstances, such as when there's a fear that evidence might disappear or be tampered with. Otherwise, and especially in a case involving the privacy clause of the Florida Constitution, the usual means to secure information is by subpoena. The lib prosecutor didn't want to give Rush a chance to argue against the seizure of his records. And the fact that an elected state trial judge -- another Democrat -- authorizing the search warrant is currently on appeal and hasn't been resolved as a matter of law. To suggest otherwise, as you do, is to mislead everyone on this thread.

Normally in cases like this — that of business records sought from a non-suspect third party — a subpoena would be issued.

Undoubtedly the prosecutors wanted to get their hands on the records, knowing that they might well have to eventually return them, so they could surreptitiously mine them for further leads.

This is political character assassination with malice aforethought, pure and simple.