Supreme Court of Georgia

Gates v. State

December 19, 2023317 Ga. 889

Summary

The Court held that Gates had a Georgia constitutional right to privacy in his hospital medical records, including BAC test results obtained during medical treatment. Because the State obtained those records through an ex parte court order lacking a demonstrated probable-cause determination and warrant safeguards, the order was materially like an unconstitutional ex parte subpoena rather than a valid search warrant, requiring suppression. The Court reversed the trial court's denial of Gates's suppression motion.