HIV-Infected Man|Can’t Suppress Documents

     BOISE (CN) – A man convicted of transferring body fluids that may contain HIV cannot suppress documents that he turned over to the state Health Department, the Idaho Supreme Court ruled.




     Kanay Aongola Mubita tested positive for the HIV virus in 2002. He then received HIV-related services from the Health Department.
     He was arrested after admitting that he had unprotected sex with a woman despite knowing that he was HIV-positive. After his conviction, Mubita said the Health Department records should have been suppressed.
     “These are not medical records,” Judge Jones ruled, “but rather business records maintained by the health department to administer its HIV services.”
     Therefore, Mubita’s 4th Amendment protection rights against search and seizure were not violated, Jones ruled.

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