People v. Lee

Court properly granted Defendant’s motion to suppress evidence obtained in warrantless search of Defendant’s pain management offices, in investigation into Defendant’s Medicare billing. From inception of auditor’s involvement, presence and influence of law enforcement controlled the investigation. Defendant’s privacy interests were violated where audit was used as a tool to further a criminal investigation. Court properly found that audit was a pretext for law enforcement to obtain documents to further its criminal investigation, and search warrant should have been obtained. Defendant did not consent to audit when he entered into provider contract with Medicare. (PALMER and TAYLOR, concurring.)