No. 25-5468

Robert A. Moylan v. Illinois

Lower Court: Illinois
Docketed: 2025-08-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confidential-communications criminal-investigation fourth-amendment overbroad-seizure patient-privacy search-warrant
Key Terms:
SocialSecurity FourthAmendment Privacy
Latest Conference: 2025-09-29
Question Presented (from Petition)

(1) Whether the investigation of misconduct by a substance abuse counselor justifies the search warrant seizure of all of the counselor's patient files and the confidential communications contained therein without the clients' permission or in camera review by a judge.

(2) Whether suspicion that a substance abuse counselor is misrepresenting the number of hours of counseling he is providing to one or more clients and is over-billing their insurance companies justifies the issuance of search warrants allowing law enforcement to seize all of his patient files, computers, laptops, and cell phones, in addition to items unlikely to contain evidence of criminal conduct such as passports, social security cards, phone books, personal diaries, telephone and utility bills, driver's licenses, photographs, and keys.

Question Presented (AI Summary)

Whether a search warrant authorizing seizure of a substance abuse counselor's entire patient files and confidential communications without in camera review violates Fourth Amendment privacy protections

Docket Entries

2025-10-06
Petition DENIED.
2025-09-04
DISTRIBUTED for Conference of 9/29/2025.
2025-09-03
Waiver of right of respondent People State of Illinois to respond filed.
2025-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2025)

Attorneys

People State of Illinois
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent
Robert Moylan
Santiago Alonso DurangoOffice of the State Appellate Defender, Petitioner