CHP seizes medical records of woman seen punched

[n2doc]

LOS ANGELES (AP) — California Highway Patrol investigators have seized the medical records of a woman seen on video being repeatedly punched by one of its officers on the side of a Los Angeles freeway.

Chris Arevalo, executive administrator for psychiatric services at Los Angeles County-USC Medical Center, confirmed that the CHP served the search warrant Tuesday for Marlene Pinnock's records.

Pinnock's attorney, Caree Harper, said she was notified by Arevalo on Wednesday and told the search warrant was for "property or things that are evidence that tend to show that a felony has been committed or tends to show that a particular person has committed a felony."

Harper said the CHP took files that included statements to her doctor about how she was feeling and references to her attorney. She said she was outraged by the violation of doctor-patient privacy and attorney-client privilege. Harper has said she plans to file a federal lawsuit alleging civil rights violations and will hold a news conference Thursday.

"She suffered a traumatic head injury," Harper said. "How can you give away files about someone injured ... to the very people who beat her?"

more

http://bigstory.ap.org/article/chp-seizes-medical-records-woman-seen-punched

[Vinca]

1. Wow - attorneys must be lining up around the block to handle her case.

If the CHP was smart it would have a very large check cut and hope the officer stays out of prison.

[reddread]

4. yeah, attorneys

like the one who handled the savage beating of Glen Beaty in Fresno

that scumbag brought in 40k for the fellow who was whisked off to Atascadero
or somewhere and contained, while they ran his due process through the ringer.
40k.
40k.
fuck attorneys.
plugged in crooked players in a corrupt system of violent oppression enforced by executioners with badges.
the city of Fresno handed 60k to Jim Robinson because his feelings might have been hurt.
60k.
60k.
seriously doubt he needed an attorney for that.
60k he pocketed.

[surrealAmerican]

2. Who signs off on these warrants anyway?

Do they ever refuse a request for a warrant?

[Lurks Often]

3. It is legal under HIPAA

See link: http://www.hhs.gov/ocr/privacy/hipaa/faq/disclosures_for_law_enforcement_purposes/505.html

Whether the warrant will hold up to scrutiny is another matter, but I expect that it will.

[eShirl]

5. It is morally outrageous

regardless of legality

[ieoeja]

6. She was the victim of a crime. Her medical records are evidence of the extent of that crime.

The CHP should be gathering this evidence. I would be more upset if they were not doing this.

[HooptieWagon]

12. CHP shouldn't be investigating themselves.

More than likely, they're engaging in a coverup. An outside LE agency should be doing the investigation.

[Rex]

13. YEP. How is that not so obvious?

Obviously we have a 'conflict of interest' here.

[zeemike]

7. Another case for the SCOTUS?

To rule that the cops can do it?
One by one they dismantle the constitution.

[Rex]

8. It is amazing how cops are treated like a superior species over mere humans.

One of our fatal flaws as humans imo.

[MineralMan]

9. I assume they got copies of these records.

Without them, they can't really effectively investigate the actions of that CHP officer. If he is charged, those records will be used by the prosecutor, as well. They are crucial evidence in the case, which cannot proceed without proof that she was physically harmed by the excessive force displayed in the video.

"Seized" is a loaded word. They were needed in the investigation. The originals still exist, and are still available to the injured person and her health care professionals.

[Calista241]

10. How else are prosecutors going to give proof of her injuries?

I don't see a problem here, especially if they're building a case against that cop.

[HooptieWagon]

15. You're assuming CHP will turn the evidence over to prosecuters.

CHP shouldn't be investigating themselves. Too great a chance of a coverup. An outside agency should be investigating the crime.

[Calista241]

17. Prosecutors HAVE to be involved to get a warrant.

Cops can't just go out and start seizing shit.

[HooptieWagon]

18. Cops can go to judge for warrant.

Happens all the time. Have to wonder about a judge signing off on a LE agency investigating itself though.

[DeSwiss]

11. The blue clown brigade.

- They're getting more pathetic as the days go by.....

K&R


Soon, people will have had enough......

[mountain grammy]

14. This has always happened, the only difference is now we have cameras.

Every cop should wear a camera. There is almost nothing more sickening than watching someone beaten by a cop. TV brought the police brutality of the Civil Rights protests right into our living rooms and it changed hearts and minds. Of course, we don't have nearly the level of journalism we had then in the mainstream media, but we all have cameras.

[Fred Sanders]

16. They could have just asked her, since she is the victim. Maybe there is a law requiring a warrant,

even with her consent.

The records will held, under the court warrant, under seal,until investigators are finished, and they will be returned,

The records are clearly needed as evidence, that is clear, to confirm her medical injuries to a court evidentiary standard.

Court evidentiary standards, not hair on fire media or comment section standards.

And the word "seized" has a legal meaning quite different than the flame bait meaning in the headline.

Nothing sets the publics hair on fire than being chosen to be on the jury of public opinion.

Once again proving armchair lawyers regularly butcher things as much as arm chair brain surgeons.