Montana Supreme Court· 6/24/1997

State v. Nelson

Citations

941 P.2d 441
283 Mont. 231
54 State Rptr. 576
1997 Mont. LEXIS 132

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that Article II, Section 10, of the Montana Constitution guarantees both “autonomy privacy” and “informational privacy”
noting Article II, § 10, protection of “informational privacy” and “autonomy privacy” in the making of “intimate personal decisions” and the “conduct[] [of] personal activities without” government “observation, intrusion, or interference”—citation omitted
allowing an investigative subpoena of medical records based on an application by a prosecutor including a sworn affidavit and only upon demonstration of a probable cause requirement, essentially the same as petitioning for a warrant
no violation of state constitutional right to privacy when State shows probable cause that an offense had been committed and the defendant’s medical records contained evidence of the offense

Source: CourtListener parenthetical corpus (CC0).

Judges: Leaphart, Turnage, Gray, Trieweiler, Regnier, Nelson, Hunt

Read full opinion on CourtListener

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

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