Copyright (c) 2010 All rights reserved. http://works.bepress.com/david_clark Recent documents in David E Clark en-us Fri, 09 Apr 2010 01:30:53 PDT 3600 http://works.bepress.com/david_clark/4 http://works.bepress.com/david_clark/4 Wed, 07 Apr 2010 08:02:15 PDT Bill Clinton said that the Tsunami survivors six years ago deserved the chance to decide their own future. Haiti deserves the same hands-off approach as they rebuild after the 2010 earthquake. Aristide should be allowed to return and work with Venezuela and Cuba. If he decides to implement the same socialist reforms that have worked elsewhere in the Americas, so be it. David E. Clark Socialism http://works.bepress.com/david_clark/2 http://works.bepress.com/david_clark/2 Mon, 05 Apr 2010 08:13:24 PDT Admitting medical records against a patient in a criminal case violates the fifth amendment because a patient is compelled to tell her doctor inculpatory information. Issuing a search warrant for confidential doctor-patient records violates the right to privacy in the fourth amendment. Warden v Hayden (1967) left open an important exception allowing a constitutional doctor-patient privilege in criminal cases. David E. Clark Law and Technology Law Enforcement and Corrections Criminal Law and Procedure Constitutional Law Practice and Procedure Evidence Civil Rights Medical Privacy http://works.bepress.com/david_clark/1 http://works.bepress.com/david_clark/1 Wed, 16 Apr 2008 19:05:41 PDT Police increasingly seek search warrants for information stored on personal computers. Georgia law, OCGA 17-5-21(a)(5) prohibits the issuance of a search warrant for "private papers," which include any documents subject to a recognized privilege (attorney-client, doctor-patient). This statute, and other technological factors, raise the risk of a computer search warrant being ruled overbroad unless it is carefully drafted. A constitutionally sound format for a computer search warrant application is given, along with guidelines for drafting and executing a warrant for digital property believed to be evidence of a crime. David E. Clark Civil Rights Computer Law Constitutional Law Criminal Law and Procedure Evidence Law and Technology Law Enforcement and Corrections Practice and Procedure Science and Technology