Pregnant 12 yo child victim, bio father perp
Child is going to terminate pregnancy

Anyone ever done a warrant for the "medical waste" (what a horrid term but its the one the clinic wants used) from the procedure ?

Question: who has the right of privacy here? Seems to be "abandoned property".

There was a related thread last month.

https://tdcaa.infopop.net/eve/forums?a=tpc&s=347098965&f=157098965&m=6241003151&r=4401013151#4401013151

Fortunately we will know the facility but they believe that because of HIPPA and their regs under the Health Code that they can't release it to us without a warrant or subpoena.

I was thinking maybe the easiest way would be a GJ subpoena. Anyone think of why it couldn't be done that way ?

I'm with you Fred, I thought it would be abandoned property but because its a biohazard it is required to be disposed of in a prescribed manner.

I'll call tomorrow morning. We have had this situtation arise.

A search warrant is best, as you are seeking seizure of something more than documents.

Stacey I'll send you a copy of the evidentiary search warrant on a case I worked on where the child aborted her fetus. Call me Kathy.

kmh please e-mail me a copy of the search warrant. We have a similar case here. Thanks.

my error, in our case, we didn't need a search warrant the clinic accepted a medical release signed by the parent of the victim/child and an official letter from the Investigator stating his purpose to obtain the aborted fetus. The Investigator picked up the container from the clinic and delivered it directly to the lab for analysis. If the Clinic would not have released the aborted fetus with a medical release then I would think a search warrant would suffice, since the matter is clearly evidence of a crime (Agg.sex assuault). I don't see how a Grand Jury subpoena would work?

Our office has a case were the fetus is being aborted tomorrow (7-31). We're getting a search warrant. Our bigger problem is can we get a district judge from our county to sign a warrant for the fetus in Dallas County. We've found one case that says a district judge can sign for any county but we're playing it safe and having a judge from our county and Dallas County sign the warrant. Also, FYI, UNT Health Science Center in Fort Worth has a forensic lab that will do the analysis for FREE.