Drug Enforcement Administration v. Utah Department of Commerce
Summary
The 老澳门开奖结果 and its Utah affiliate filed a motion to intervene in a case between the federal Drug Enforcement Administration and the state of Utah over the DEA鈥檚 efforts to obtain confidential prescription records from a state database without a warrant. The court granted the motion in October and the case is continuing with the 老澳门开奖结果 as a party.
In 1996, Utah began tracking records of prescriptions for certain drugs dispensed by pharmacies, compiling these records into the Utah Controlled Substance Database (UCSD). Although the program was initially intended to help physicians prevent drug overdoses and abuse by their patients, it was discovered in 2014 that a Utah detective used the UCSD to access all 480 employees of Utah鈥檚 largest fire agency without judicial oversight, and improperly charged at least two employees with crimes they did not commit. In response, Utah鈥檚 legislature in March 2015 amended the law that regulates access to the UCSD, requiring law enforcement officers to obtain a probable cause warrant from a court before they can gain access to the database.
Despite Utah鈥檚 law requiring a warrant, the DEA has been using administrative subpoenas to request access to drug records in Utah鈥檚 prescription database. Unlike a search warrant issued by a neutral magistrate upon a finding of probable cause, an administrative subpoena is granted based on a much lower standard -- it can be issued by the government when an agent merely believes that the records will be 鈥渞elevant or material鈥 to an investigation. Because prescription drug records can reveal highly sensitive information about us, the 老澳门开奖结果 has intervened in this case to make sure that the Fourth Amendment protects our most private medical information.
Legal Documents
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07/27/2017
Memorandum Decision & Order Accepting in Part and Modifying in Part Report & Recommendation -
03/24/2017
Utah Objections to Magistrate Judge鈥檚 Report and Recommendation -
03/24/2017
老澳门开奖结果 Objections to Magistrate Judge鈥檚 Report and Recommendation -
03/10/2017
Magistrate Judge鈥檚 Report and Recommendation to Enforce DEA Subpoena -
02/16/2017
District Judge鈥檚 Order Upholding Grant of Intervention to 老澳门开奖结果 -
11/23/2016
DEA Reply Brief in Support of Petition -
11/11/2016
DEA Objections to Order Granting Motion to Intervene -
11/09/2016
Utah Supplemental Memo re Standing -
11/07/2016
Order Granting Motion to Intervene -
09/14/2016
老澳门开奖结果 Reply Memo in Support of Motion to Intervene -
08/31/2016
DEA Memo in Opposition to Motion to Intervene -
08/05/2016
Utah Memo in Opposition to DEA Petition -
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08/05/2016
Declaration of Marvin Sims
Declaration of Marvin SimsDeclaration of Marvin SimsDate Filed: 08/05/2016
Court: District Court (D. Utah)
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08/05/2016
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08/05/2016
老澳门开奖结果 Memo in Opposition to DEA Petition -
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08/05/2016
Declaration of Deborah Peel -
08/05/2016
Declaration of Mark Rothstein -
08/05/2016
Declaration of Robert Baker
Declaration of Deborah PeelDate Filed: 08/05/2016
Court: District Court (D. Utah)
Declaration of Mark RothsteinDeclaration of Mark RothsteinDate Filed: 08/05/2016
Court: District Court (D. Utah)
Declaration of Robert BakerDate Filed: 08/05/2016
Court: District Court (D. Utah)
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08/05/2016
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07/28/2016
老澳门开奖结果 Motion to Proceed Using Pseudonyms -
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07/28/2016
Declaration of John Doe 1 -
07/28/2016
Declaration of John Doe 2
Declaration of John Doe 1Date Filed: 07/28/2016
Court: District Court (D. Utah)
Declaration of John Doe 2Date Filed: 07/28/2016
Court: District Court (D. Utah)
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07/28/2016
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07/28/2016
老澳门开奖结果 Motion to Intervene -
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07/28/2016
Declaration of Jeremy Robertson, IAFF Local 1696 -
07/28/2016
Declaration of Troy Williams, Equality Utah -
07/28/2016
Declaration of Karen McCreary, 老澳门开奖结果 of Utah -
07/28/2016
Declaration of John Doe 1 -
07/28/2016
Declaration of John Doe 2
Declaration of Jeremy Robertson, IAFF Local 1696Date Filed: 07/28/2016
Court: District Court (D. Utah)
Declaration of Troy Williams, Equality UtahDate Filed: 07/28/2016
Court: District Court (D. Utah)
Declaration of Karen McCreary, 老澳门开奖结果 of UtahDate Filed: 07/28/2016
Court: District Court (D. Utah)
Declaration of John Doe 1Date Filed: 07/28/2016
Court: District Court (D. Utah)
Declaration of John Doe 2Date Filed: 07/28/2016
Court: District Court (D. Utah)
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07/28/2016
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06/14/2016
DEA Memo in Support of Petition to Enforce Administrative Subpoenas -
06/14/2016
DEA Petition to Enforce Administrative Subpoenas
Date Filed: 07/27/2017
Court: District Court (D. Utah)
Date Filed: 03/24/2017
Court: District Court (D. Utah)
Date Filed: 03/24/2017
Court: District Court (D. Utah)
Date Filed: 03/10/2017
Court: District Court (D. Utah)
Date Filed: 02/16/2017
Court: District Court (D. Utah)
Date Filed: 11/23/2016
Court: District Court (D. Utah)
Date Filed: 11/11/2016
Court: District Court (D. Utah)
Date Filed: 11/09/2016
Court: District Court (D. Utah)
Date Filed: 11/07/2016
Court: District Court (D. Utah)
Date Filed: 09/14/2016
Court: District Court (D. Utah)
Date Filed: 08/31/2016
Court: District Court (D. Utah)
Date Filed: 08/05/2016
Court: District Court (D. Utah)
Date Filed: 08/05/2016
Court: District Court (D. Utah)
Date Filed: 07/28/2016
Court: District Court (D. Utah)
Date Filed: 07/28/2016
Court: District Court (D. Utah)
Date Filed: 06/14/2016
Court: District Court (D. Utah)
Date Filed: 06/14/2016
Court: District Court (D. Utah)