DEA lawyers argue they’re exempt from that law

DEA wants to block ACLU of Utah from prescription drug database suit

http://www.sltrib.com/news/4321409-155/dea-wants-to-block-aclu-of

The Drug Enforcement Administration wants to block the American Civil Liberties Union of Utah from stepping into a court case over whether investigators can do warrantless searches of a database of all prescription drug records in the state.

More than 40 states keep similar databases, but Utah recently passed a law requiring investigators to get a warrant before they search it.

DEA lawyers argue they’re exempt from that law because they’re a federal agency, but state officials contend they have to follow it like other investigators.

The ACLU wants to jump into the suit in support of the state. The organization says that allowing agents to access the information without a warrant amounts to an unreasonable search of people’s “digital medicine cabinets” — a violation of the Fourth Amendment.

“Fourth Amendment rights are personal and may not be asserted vicariously,” DEA lawyers argue in court documents. Authorities argue the databases are an important tool for combating prescription drug fraud by tracing doctors handing out too many prescriptions or people going to multiple doctors for drugs. Police use of the Utah database has plunged since the law was passed because officers say it takes too long to go through the process of getting a warrant.

The ALCU argues police use of the databases brings up serious issues, and its voice should be heard in the lawsuit.

“We will be responding — energetically and thoroughly — to the federal government’s opposition to our involvement, in due time,” said John Mejia, legal director for the ACLU of Utah, in a statement.

The organization has the backing of the gay rights group Equality Utah, which says that warrantless database searches can violate the privacy of transgender people using hormone replacement therapy drugs.

The ALCU is also representing a firefighters union. Utah’s measure requiring a warrant was passed after two firefighters said they were wrongly charged with prescription drug fraud after a wide-ranging search of the database.

Though the charges were later dismissed, the firefighters are suing the state in a separate case they say could set a precedent for how officers in other states use the records. Nearly 20 other states also require police to jump through some hoops to access the databases.

5 Responses

  1. Way to go!!! Get these demons off the doctors’ backs!

  2. We can legally ask the head of CDC & DEA to step down. If people will sign it will happen.

  3. It’s about time we do something about these monsters. The think they are above the law they have always treated the public that way. So does the CDC they bring so much harm to the people . They seem to pride themselves on being above the law.
    It’s about time things have changed. Just look at how all of our friends with chronic pain have died trying to stop the pain any way they could .Most of them knew they could die if they took the heroin but it was worth the chance if they could just stop the pain.
    most of these people were not drug addicts they were in so much pain with no place to go for help. Yes the CDC & DEA did that to them they are above to law.

  4. So federal agencies are above the law? They can violate our rights at will? Can anyone say Nazi state?

  5. What they need to do is extend this suit to every state as individual cases so that we avoid federal judges from siding with the DEA. There also needs to be an investigation of every federal agency involved with unconstitutional searches and seizures. For Chist sakes, we are in America, ” the Land of the Free and Home of the Brave,” NOT 1980 Soviet Russia. Further more, all cell phone text and conversions along with social media postings and comments on private and secret accounts should be deemed off limits without a Warrent. Then agents caught infiltrating human, religious, sexual orientation and civil rights organizations should be prosecuted at the highest level.
    I am not being ridiculous either. Random pill counts and UA’s between doctors appointments are a result of DEA infiltration into every pain group on Facebook. I know of 5 people including myself who have been randomly called into their pain management doctors office for these testings and pill counts over the past 3 months, one of them have been called in twice during this time.
    Watch out for individuals on Facebook who are very good at starting controversy or conflicts between members. These people are very good at what they do and use different group members in a way that they start a comment war between members and then suttelly back out of the conversation. Most of the time they use the current presidential election to start these comment wars and pit a group of members against each other and they also end up pissing silent members off because of the content of the conversation. Their goal is to keep us divided and arguing amongst our selves so we find it impossible to organize. My advice is to not spiral down that rabbits hole. Try to steer clear of open presidential candidate comments because this is where they often start this. Because these heartless individuals have access to your Facebook profiles, they can profile you and find out exactly what sets you off and that’s exactly what they do. So please, if someone is trying to start an argument with you or stir you up about another member, Please, please just try to blow them off. We will never get organized if we argue and bicker amongst each other.

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