Rush Limbaugh, aided by a friend of court brief filed by the ACLU, is asking an appeals court to order his medical records returned to him and declare that they were improperly seized:

Miami attorney Roy Black filed the brief with the 4th District Court of Appeal, asking that Limbaugh’s medical records be returned to his doctors and prohibit the state from seeking them or using any information contained in them. The American Civil Liberties Union filed a brief Tuesday in support of Limbaugh.

The Palm Beach County State Attorney’s Office seized Limbaugh’s medical records by search warrant on Nov. 25 from four doctors in Palm Beach County and Los Angeles. The 53-year-old Limbaugh, who publicly admitted his addiction to prescription painkillers and spent five weeks in a drug rehab, is being investigated for allegedly stocking up on pain medications from multiple doctors, a third-degree felony called "doctor shopping." No charges have been filed against him.

Black says the Florida Constitution requires three steps for obtaining medical records: applying for a subpoena and notifying the patient, giving the patient an opportunity to oppose the action in a court hearing and, if the seizure is opposed, providing evidence at the hearing as to why the subpoena should be granted.

In its brief, the ACLU supports Black's arguments. "A search warrant provides no mechanism for a court to determine what portions of a patient's medical records are relevant," the brief said. "Consequently such a procedure may result in disclosure of treatments or conditions not relevant to any legitimate law enforcement investigation and which could materially harm a patient's professional, social, or personal life."