Criminal Defense
Since 1993
Since 1993
Big Brother’s Pharmacy Peeking: The Privacy Trap in 2025
By: John Guidry
Big Brother is watching you. In 2025, the government’s eyes are everywhere—unmanned drones monitor citizen “activity,” and there is constant debate over internet protocols that might make it harder for them to track your every move. But some of the most invasive prying is happening right in your backyard, as local police attempt to snatch medical information directly from your doctor’s office—all in the name of Florida’s “precious” prescription drug laws.
Since I was born in 1968, this country has been at war with itself. The War on Drugs is still chugging away, and the new front lines are the pharmacies. Local cops are examining records that many people assume are private, but in the eyes of the law, pharmacy records aren’t always granted the same sanctity as medical records.
Facing “Doctor Shopping” or “Prescription Fraud” charges in Orlando? The State may have obtained your records illegally. Call John Guidry today at (407) 423-1117 to see if your constitutional rights were violated.
The Typical Script: How the Police Get Your Data
In 2025, the “good old-fashioned police work” often starts with E-FORCSE—Florida’s Prescription Drug Monitoring Program (PDMP). This is a massive database where every controlled substance dispensed in Florida is tracked in real-time.
Here is how the investigation usually unfolds:
- The Database Dive: Police monitor pharmacy records for “red flags”—like someone getting Oxycodone or Xanax from multiple doctors.
- The “Ah-Ha!” Moment: When they find overlapping prescriptions, they pay a visit to your doctor.
- The Four Questions: Investigators use their badges to pressure doctors into answering:
- Is the suspect your patient?
- Did you prescribe a controlled substance to them?
- Did the suspect tell you about other prescriptions from the last 30 days?
- Would you have written the script if you had known about the others?
From the landmark case Hay v. State, 79 So. 3d 852 (Fla. 2d DCA 2012), we know that these four simple questions are the foundation of a felony Doctor Shopping case.
The Legal Shield: Hay v. State and Your Right to Privacy
In the Hay case, a husband and wife were charged with trafficking and doctor shopping. Their doctors had “blabbed” to investigators, providing the very information needed to arrest them. But the couple fought back, filing a Motion to Suppress.
The appellate court agreed with them, ruling that:
- Constitutional Protection: Your medical records are protected by a right to privacy under the Florida Constitution.
- Doctor-Patient Confidentiality: What you tell your doctor—and what the doctor tells the police about your treatment—is privileged.
- The Subpoena Requirement: If the government wants your medical secrets, they can’t just flash a badge. They must go to a judge, file a written request, and obtain a court-issued subpoena.
John’s Takeaways for 2025
- Pharmacy Records vs. Medical Records: While police have easier access to pharmacy records under F.S. § 893.055, the information inside your doctor’s file remains highly protected.
- The 30-Day Rule: Under F.S. § 893.13(7)(a)8, it is a felony to fail to disclose a previous controlled substance prescription from another practitioner within the last 30 days. This is the “doctor shopping” trap.
- 2025 Prescription Limits: As of 2025, Florida law strictly limits opioid prescriptions for acute pain to a 3-day supply (or 7 days if medically necessary). This “witch hunt” for pills has made it even more likely that chronic pain patients will be flagged by the PDMP.
- Failure of Proof: If the investigator bypassed the subpoena process, the doctor’s statements are “fruit of the poisonous tree.” We can move to suppress that evidence and get the charges dismissed.
- Regional Reality: Whether you’re in Orange, Seminole, or Osceola County, the DEA and local task forces are using E-FORCSE to build cases.
The justice system is harsh, and it is “insane” to think that your private health history is being treated like public data. I’ve been defending Central Florida residents against these invasive tactics since 1993. If the police are digging through your medicine cabinet without a warrant, give me a call.
Accused of doctor shopping or prescription fraud? Call John at (407) 423-1117.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.