STATE: SEIZING LIMBAUGH'S MEDICAL RECORDS WAS LEGAL

WEST PALM BEACH, Fla. - Prosecutors who want to review Rush Limbaugh's
medical records argued in court papers that privacy rights should not
be used to hide criminal wrongdoing.

Seizing the conservative radio commentator's medical records in their
investigation of his prescription drug use did not violate his
constitutional or privacy rights, Palm Beach County prosecutors said
in documents filed Monday.

Limbaugh's attorneys are asking the 4th District Court of Appeal to
bar prosecutors from using the records seized in November. Limbaugh is
under investigation for possible violations of the state's "doctor
shopping" law, which prohibits someone from secretly obtaining
overlapping prescriptions from different doctors.

Limbaugh's attorney, Roy Black, had no comment on the filing. He
contends prosecutors should have followed a procedure in state law
that requires prosecutors to notify someone with a subpoena before
they can obtain the records rather than using a search warrant. The
notification is designed to give a person a chance to contest it in
court.

Assistant State Attorney James Martz argued that Limbaugh's records
were seized with a search warrant because investigators feared
evidence would be altered or destroyed.

Investigators went after the records after discovering that Limbaugh
received about 2,000 painkillers prescribed by four doctors in six
months at a pharmacy near his Palm Beach mansion.

Limbaugh's former maid has told investigators she supplied him with
"large quantities" of prescription painkillers for years.

"The list of overlapping prescriptions are indicative of a possible
pattern of deceptive practices," Martz wrote.

Limbaugh, 53, has not been charged with any crime. In October, he
admitted to radio listeners that he was addicted to painkillers and
was entering a monthlong rehabilitation program.

The American Civil Liberties Union and two physicians' groups support
Limbaugh on his appeal.