Louisiana Code of Criminal Procedure 163.2 – Search warrant for medical records
Terms Used In Louisiana Code of Criminal Procedure 163.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
A. A judge may issue a search warrant authorizing the search for and seizure of the medical records of any person.
B. The warrant may be issued by a judge of either the court of territorial jurisdiction where the investigation for the medical records is being conducted or the court of territorial jurisdiction where the custodian of the medical records may be found. The warrant may be executed in any place the medical records may be found and shall be directed to any peace officer who shall obtain and distribute the medical records as directed in the warrant.
C. A warrant issued pursuant to this Article remains in effect for one hundred eighty days after its issuance.
D.(1) Any examination of any medical records seized pursuant to the provisions of this Article shall be at the direction of the attorney general, the district attorney, or the investigating agency.
(2) Notwithstanding any other provision of law to the contrary, any examination of the medical records may be conducted at any time before or during the pendency of any criminal proceeding in which the medical records may be used as evidence.
Acts 2022, No. 384, §1.