Opinion No. (2000)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE TONY RACKAUCKAS, DISTRICT ATTORNEY, ORANGE COUNTY, has requested an opinion on the following question: Is a court order, search warrant, or subpoena duces tecum required before a county coroner may release the medical or psychiatric records of a deceased person to police or district attorney investigators? CONCLUSION A court order, search warrant, or subpoena duces tecum is not required before a coroner may release the medical or psychiatric records of a deceased person to police or district attorney investigators having jurisdiction over the criminal investigation. ANALYSIS The question presented for analysis concerns access by police and district attorney investigators to the medical and psychiatric records of a deceased person that are in the possession of the county coroner. May the records be disclosed by the coroner without the issuance of a court order, search warrant, or subpoena duces tecum? The issue arises when the coroner determines that a person has died under circumstances which suggest that the death was a homicide, and the coroner must notify the appropriate law enforcement agency.…