New, Rare Case on Wiretaps, Prescription Databases, GPS Tracking Warrants and Wiretap Statutes

A state-maintained Prescription Monitoring Program does not require a search warrant to access. Wiretaps are lawful so long as supported by probable cause and a showing of necessity. 

• Nevada’s Prescription Monitoring Program (“PMP”) 
• GPS tracking warrants 
• Wiretap warrants 
• California’s Controlled Substance Utilization and Review System (“CURES”) 

Providing opioid prescription information from Nevada’s Prescription Monitoring Program (PMP) to law enforcement without the necessity of a search warrant is constitutional. PMP information — which doesn’t enjoy the same expectation of privacy as personal medical records — may be used to support probable cause needed to obtain a GPS tracking warrant. Wiretaps are lawful as long as they are supported by probable cause and a showing of necessity. 

In July 2018, a reliable confidential informant (“C.I.”) told law enforcement that defendant Myron Motley was traveling between California, where Motley lived, and Reno, Nev., for the purpose of illegally obtaining and selling prescription opioids, i.e., oxycodone and tramadol. In investigating this information, law enforcement requested and obtained a report (without the benefit of a warrant) from Nevada’s “Prescription Monitoring Program” ....