Police may have cracked the BTK case by covertly acquiring tissue sample from healthcare provider

Police may have cracked the BTK case by covertly acquiring tissue sample from healthcare provider

Declan McCullagh's politechbot has a posting suggesting that BTK serial killer case may have been cracked by covertly acquiring a tissue sample for DNA testing:

Cops covertly acquired tissue of BTK suspect's relative -- from medical lab [Politech]:

"In developments straight out of GATTACA's handshake scene, A Kansas City
Star report indicates that the suspected 'BTK' killer was tentatively linked
to crime scene evidence by acquiring genetic material from the suspect's
daughter's medical records - the tissue samples being taken without her
knowledge.

http://www.kansascity.com/mld/kansascity/news/nation/11035826.htm

The article goes on to give a brief but factually accurate explanation of
how a request for 'medical records' is entirely within the framework of the
federal medical privacy laws (HIPAA), and also gives a likely source of the
tissue - a routine pap smear. The article suggests that a judge issued a
secret order for the records, though the article does not state if it was a
formal 4th Amendment 'probable cause' warrant, or some lesser standard
subpoena, or even go into whether the police were required to acquire an
order under HIPAA (there are circumstances where agents can just the
recordholder.)..."



Thanks to Rob Hyndman for the pointer.

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