What are the legal restrictions or safeguards against prosecutors on “fishing expeditions”?
Are there objective definitions of fishing expeditions, or is it in the eye of the beholder?
Kansas’s Attorney General has demanded the medical records from two abortion clinics from his state, apparently without suspicion, on the basis that he needs to see if any of the women were victims of statutory rape. Does this qualify as a fishing expedition, and, if so, what will likely happen?
Thanks.
I don’t know if there’s a legal definition of “fishing expedition” but my IANAL opinion is that this would qualify as one, whether there’s a legal definition or not. Upon what basis does he suspect that statutory rape has been committed in any of these cases? Upon what evidence does he suspect that any of the abortions were after the mandated 22nd week? Without some evidence (I believe that a challenge to his demand would involve a demand an “offer of proof” but one or more of our legal Dopers will correct me if I’m wrong) then it’s a fishing expedition.
Whether or not it’s outside the scope of his legal authority I have no idea. I know nothing about the powers of the office to invstigate suspected crimes.