State v. Smith
State v. Smith
Opinion
*805 Robert Morgan Smith ("Defendant") appeals from order of the trial court summarily denying his motion to suppress his medical records pursuant to a search warrant after he was charged with driving while impaired. Defendant contends the trial court erred in denying his motion to suppress as untimely under N.C. Gen.Stat. § 15A-971 et seq. Defendant further argues the trial court erroneously admitted the medical records in violation of the physician-patient privilege, N.C. Gen.Stat. § 8-53, and certain health information disclosure provisions in N.C. Gen.Stat. § 90-21.20B. We find no error.
I. Background
Sergeant Karl Rabun ("Sgt. Rabun") of the Goldsboro Police Department responded to an early morning call on 5 September 2013 reporting a motorcycle crash at a traffic circle in downtown Goldsboro, North Carolina. Upon arriving at the scene, Sgt. Rabun found Defendant lying on the ground on the east side of the intersection, with one arm pinned beneath a "badly damaged" motorcycle. Sgt. Rabun recognized Defendant as a local attorney who had previously worked in Wayne County law enforcement. As Sgt. Rabun approached Defendant, he noticed "the strong odor of alcoholic beverage ... emanating from [Defendant's] breath as he was trying to speak and breathe." Defendant was "complaining of pain ... from obviously being involved in [an] impact." Sgt. Rabun directed Defendant to lie still until emergency medical responders arrived. Rescue personnel and additional law enforcement officers arrived and helped lift the motorcycle off Defendant.
Officer Matthew Marino ("Officer Marino") of the Goldsboro Police Department assumed responsibility as lead investigator of the crash. Officer Marino immediately noticed the "very strong" odor of alcohol on Defendant's breath. He observed that the engine of Defendant's motorcycle was still hot. Defendant was transported by medical responders *806 to the Emergency Room at Wayne Memorial Hospital ("the hospital"), where he was treated for injuries.
Approximately forty-five minutes after Defendant arrived at the hospital, Officer Marino spoke with Defendant again. Officer Marino continued to detect a strong odor of alcohol on Defendant's breath and observed that Defendant had bloodshot eyes and slurred speech. Officer Marino formed the opinion that Defendant's faculties were "appreciably impaired" and that "it was more probable rather than not that [Defendant] [had been] driving under the influence of alcohol." After advising Defendant of his implied-consent rights, Officer Marino asked Defendant to submit to a blood test. Defendant refused a blood test, telling Officer Marino to "go get a warrant." Later that morning, Officer Marino charged Defendant with driving while impaired.
Officer Marino applied for a search warrant on 9 September 2013 to obtain Defendant's medical records from Wayne Memorial Hospital related to the motorcycle crash, which was granted. Officer Marino received a total of twenty pages of medical records. Defendant's medical records noted that Defendant had an elevated blood alcohol level at the time of treatment on 5 September 2013. The State filed a notice of intent to use evidence on 6 March 2014, pursuant to N.C. Gen.Stat. § 15A-975(b), including "any ... oral, written, recorded, and otherwise memorialized statements of the defendant" and "[a]ny and all laboratory analyses provided to the Defendant."
*875 Defendant filed a motion to suppress his medical records on 22 August 2014, alleging that the search warrant had "illegally authorized the seizure of [Defendant's] hospital records pertaining to [his] ... medical treatment beginning 5 September 2013." In a memorandum of law filed with Defendant's motion to suppress, Defendant alleged that the search warrant violated North Carolina's physician-patient privilege, certain health information disclosure provisions in N.C. Gen.Stat. § 90-21.20B, and the federal Health Insurance Portability and Accountability Act (HIPAA). Defendant also alleged that the warrant was not supported by probable cause as required by N.C. Gen.Stat. § 15A-244.
The State moved to summarily dismiss Defendant's motion to suppress, alleging that Defendant's motion was untimely and accompanied by an insufficient affidavit. Prior to trial, the trial court heard and summarily denied Defendant's motion to suppress, finding that Defendant's motion was untimely under N.C. Gen.Stat. § 15A-976, and that Defendant had not offered any newly discovered facts or extraordinary circumstances that would justify a late filing. In denying Defendant's *807 motion to suppress, the trial court noted it "[did] not address the merits of [Defendant's] motion, and ... intentionally preserve[d] the right of the Defendant to raise any objections during the course of th[e] trial at the appropriate time."
The trial court then heard pre-trial arguments regarding the admissibility of Defendant's medical records. After considering the text of N.C.G.S. § 90-21.20B, relevant HIPAA provisions, and case law cited by the State, the trial court held it would
allow [Defendant's] records to be introduced for the limited purposes indicated; specifically to establish [Defendant's] blood alcohol level, and any statements made by ... Defendant concerning the motor vehicle accident. Again, this is all subject to the proper identifications and authentications of these [medical] records at the appropriate time [during trial].
The State was instructed to redact "all remaining information" based on the trial court's conclusion that it would have no probative value and that such redaction was necessary to protect Defendant's privacy. Defendant's medical records were subsequently admitted into evidence and published to the jury. The jury found Defendant guilty on 27 August 2014 of driving while impaired. Defendant was sentenced to a level two impaired driving sentence of twelve months, suspended for a probationary term of twenty-four months. Defendant gave notice of appeal in open court.
The State filed a motion to dismiss the appeal on 21 July 2015, based on Defendant's failure to timely serve the record on appeal. The motion was heard and allowed by Judge Arnold O. Jones, II on 10 September 2015. Defendant petitioned this Court on 15 September 2015 to issue a writ of certiorari to review the decision of the trial court. The petition for writ of certiorari was allowed on 1 October 2015. Defendant appeals the trial court order summarily denying his motion to suppress and the admission of his medical records into evidence.
II. Standard of Review
A trial court's conclusions of law in ruling on a motion to suppress evidence are reviewable
de novo. See
State v. Barnhill,
*808
P'ship,
Defendant also argues that his medical records were improperly admitted because they were obtained in violation of the physician-patient privilege, N.C. Gen.Stat. § 8-53, as well as certain health information disclosure provisions in N.C. Gen.Stat. § 90-21.20B. "Resolution of issues involving statutory construction is ultimately a question of law for the courts. Where an appeal presents a question of statutory interpretation, full review is appropriate, and we review a trial court's conclusions of law
de novo
[.]"
In
*876
re Hamilton,
III. Analysis
A. Timeliness of Defendant's Motion to Suppress
Defendant first argues the trial court erred by summarily dismissing his motion to suppress as untimely, pursuant to N.C. Gen.Stat. § 15A-976. Defendant contends that, because the motion to suppress was not based on any of the grounds specified in N.C. Gen.Stat. § 15A-974, it was not subject to the time constraints set forth in N.C.G.S. § 15A-976. Under § 15A-974, evidence must be suppressed if "(1) [i]ts exclusion is required by the Constitution of the United States or the Constitution of the State of North Carolina; or (2) [i]t [was] obtained as a result of a substantial violation of the provisions of this Chapter." N.C. Gen.Stat. §§ 15A-974(a)(1)-(2) (2015).
See
State v. Simpson,
[a] defendant who seeks to suppress evidence upon a ground specified in G.S. 15A-974 must comply with the procedural requirements outlined in G.S. 15A-971, et seq. Moreover, such defendant has the burden of establishing that his motion to suppress is timely and proper in form.
*809
State v. Satterfield,
N.C. Gen.Stat. § 15A-976(b) provides that
[i]f the State gives notice not later than 20 working days before trial of its intention to use evidence and if the evidence is of a type listed in G.S. 15A-975(b), the defendant may move to suppress the evidence only if [the] motion is made not later than 10 working days following receipt of the notice from the State.
N.C. Gen.Stat. § 15A-976(b) (2015). In turn, the "type[s] of evidence listed in G.S. § 975(b)" are
(1) [e]vidence of a statement made by a defendant;
(2) [e]vidence obtained by virtue of a search without a search warrant; or
(3) [e]vidence obtained as a result of [a] search with a search warrant when the defendant was not present at the time of the execution of the search warrant.
N.C. Gen.Stat. §§ 15A-975(b)(1)-(3) (2015). Defendant concedes that his medical records were obtained "with a search warrant when [he] was not present at the time of the execution of the search warrant." N.C.G.S. § 15A-975(b)(3). Accordingly, Defendant's motion to suppress fell squarely within the language of N.C.G.S. § 15A-975(b)(3), and thus was subject to N.C.G.S. § 15A-976(b).
The State filed its notice of intent to use certain evidence
1
on 6 March 2014. Defendant filed his motion to suppress all evidence obtained by search warrant on 22 August 2014, a few business hours before his trial was scheduled to begin. As Defendant sought to suppress evidence obtained as a result of a search warrant executed outside his presence, and because Defendant failed to file the motion to suppress "not later than 10 working days following receipt of the notice from the State," N.C.G.S. § 15A-976(b) applies
*877
and his motion to suppress was
*810
untimely filed. The trial court acted within its "statutorily vested [authority] ... to deny summarily [a] motion to suppress when the defendant fails to comply with the procedural requirements of Article 53."
State v. Holloway,
We note that even if a trial court erroneously summarily denies a motion to suppress, the defendant must show the error was prejudicial.
See, e.g.,
State v. Speight,
B. Admissibility of Defendant's Medical Records
Defendant also contends the trial court erred in admitting his medical records into evidence "without regard for" the physician-patient privilege set forth in N.C. Gen.Stat. § 8-53, and contrary to several health information disclosure provisions in N.C. Gen.Stat. § 90-21.20B. We disagree and address each in turn.
(1) Physician-Patient Privilege
Defendant maintains that, by the plain language of the physician-patient privilege statute, N.C. Gen.Stat. § 8-53, disclosure of a patient's medical records may be compelled only by judicial order after determination that such disclosure is "necessary to a proper administration of *811 justice." See N.C. Gen.Stat. § 8-53 (2015). Defendant cites no authority, other than N.C.G.S. § 8-53 itself, to support his argument that this statute provides the exclusive means of obtaining patient medical records. The State asserts that another statute, N.C. Gen.Stat. § 90-21. 20B, allows law enforcement to obtain medical records through a search warrant for criminal investigative purposes. It notes that the latter explicitly permits the disclosure of certain protected patient health information to law enforcement "[n]otwithstanding G.S. 8-53 or any other provision of law...." See N.C. Gen.Stat. §§ 90-21.20B(a), (a1) (2015). According to the State, this demonstrates that N.C.G.S. § 8-53 is not the only statute under which patient medical records may be requested and released. We agree.
(2) Disclosure pursuant to search warrant
We next consider Defendant's argument that N.C.G.S. § 90-21.20B "[did not] permit[ ] the disclosure to law enforcement and use at trial of the medical records in this case." (Def. br. at 15) We disagree.
N.C. Gen.Stat. § 90-21.20B provides in pertinent part:
(a) Notwithstanding G.S. 8-53 or any other provision of law, a health care provider may disclose to a law enforcement officer protected health information only to the extent that the information may be disclosed under the federal Standards for Privacy *878 of Individually Identifiable Health Information,45 C.F.R. § 164.512 (f) and is not specifically prohibited from disclosure by other state or federal law.
(a1) Notwithstanding any other provision of law, if a person is involved in a vehicle crash:
(1) Any health care provider who is providing medical treatment to the person shall, upon request, disclose to any law enforcement officer investigating the crash the following information about the person: name, current location, and whether the person appears to be impaired by alcohol, drugs, or another substance.
(2) Law enforcement officers shall be provided access to visit and interview the person upon request, except when the health care provider requests temporary privacy for medical reasons.
*812 (3) A health care provider shall disclose a certified copy of all identifiable health information related to that person as specified in a search warrant or an order issued by a judicial official.
In interpreting N.C.G.S. § 90-21.20B, we look to the federal regulations referenced in N.C.G.S. § 90-21.20B(a), which govern disclosure of "protected health information for a law enforcement purpose[.]"
See
[I]nformation that is a subset of health information, including demographic information collected from an individual, and:
(1) Is created or received by a health care provider, health plan, employer, or health care clearinghouse; and
(2) Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and
(i) That identifies the individual; or
(ii) With respect to which there is a reasonable basis to believe the information can be used to identify the individual.
Defendant argues that "protected health information" obtainable by law enforcement under
Defendant overlooks the fact that "protected health information" (used synonymously with "individually identifiable health information"), as defined in
By its plain language,
(3) Disclosures Related to a Vehicle Crash
Finally, N.C. Gen.Stat. § 90-21.20B(a1)(1) specifically addresses disclosure of medical information about a person involved in a vehicle crash. It provides that
[n]otwithstanding any other provision of law, ... [a]ny health care provider who is providing medical treatment to the person [involved in a vehicle crash] shall, upon request, disclose to any law enforcement officer investigating the crash the following information about the person: name, current location, and whether the person appears to be impaired by alcohol, drugs, or another substance.
N.C. Gen.Stat. § 90-21.20B(a1)(1) (2015). Defendant argues that this "more narrow provision" permits law enforcement officers investigating a vehicle crash, with or without a search warrant, "to be provided information which informs them of the identity of an individual and whether that person appears to be impaired-nothing more." We disagree.
In N.C.G.S. § 90-21.20B(a1)(1), the General Assembly authorized disclosure "upon request" to law enforcement of the three types of information listed, in the context of a vehicular accident. By contrast, N.C. Gen.Stat. § 90-21.20B(a1)(3) permits disclosure of "
identifiable health information
related to th[e] person [involved in the vehicle crash]
as specified in a search warrant
or other judicial order." N.C. Gen.Stat. § 90-21.20B(a1)(3) (2015) (emphases added). "The rules of statutory construction require presumptions that the legislature inserted every part of a provision for a purpose and that no part is redundant."
Hall v. Simmons,
On appeal, Defendant argues his medical records were inadmissible based upon N.C.G.S. § 8-53 and N.C.G.S. § 90-21.20B only. He does not reassert the additional argument raised before the trial court in his motion to suppress, that the search warrant was not supported by sufficient probable cause in violation of N.C. Gen.Stat. § 15A-244, and we do not reach that issue. Defendant also does not allege the records were otherwise inadmissible due to some defect in evidentiary procedure.
See, e.g.,
State v. Drdak,
NO ERROR.
Judges STEPHENS and DAVIS concur.
The State's notice of intent identified two specific types of evidence potentially obtainable from Defendant's medical records: statements made by Defendant, and "[a]ny and all laboratory analyses provided to [ ] Defendant." Additional evidence listed in the notice of intent-"[a]ny and all photographs, physical evidence, and video tapes collected from the Defendant, the Defendant's home or vehicle, the crime scene, and any other location"-was unrelated to Defendant's medical records and is not at issue in this appeal.
The General Assembly has indicated that procedural requirements found in Article 53 are intended "to produce in as many cases as possible a summary granting or denial of the motion to suppress." See N.C. Gen.Stat. § 15A-977 official cmt. (2015).
"Protected health information" explicitly excludes four specific types of "individually identifiable health information," none of which are at issue in this case: (1) education records covered by the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g ; (2) FERPA records described in 20 U.S.C. § 1232g(a)(4)(B)(iv) ; (3) employment records held by a covered entity in its role as employer; and (4) records "[r]egarding a person who has been deceased for more than 50 years."
See
"De-identified information" is "[h]ealth information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual...."
Defendant argued instead that a different standard altogether,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.