Two DEA agents walked into DrugCo Pharmacy and presented the pharmacist on duty with an AIW. The

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Two DEA agents walked into DrugCo Pharmacy and presented the pharmacist on duty with an AIW. The pharmacist informed the agents that she did not have the authority to allow them to search because the manager was not present. The agents informed her that they would proceed anyway. The audit conducted by the agents found inaccurate records of controlled substances and possible diversion. Later, it was learned that the DEA inspected the pharmacy on the basis of an informant who had suspicions of diversion. The DEA charged the pharmacy with multiple violations of the CSA. The pharmacy sought to exclude all evidence obtained by the agents on the basis that the inspection was unconstitutional. The pharmacy argued no consent was given for the search; that the employee pharmacist did not have authority to allow the search; that there was not probable cause for the AIW; and that the agents should have produced a search warrant. Discuss these issues. Assume now the same facts, except that the inspectors were state board of pharmacy inspectors from your state board and they had no warrants. Based on your state law, discuss if the search would have been legal.

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Pharmacy Practice And The Law

ISBN: 9781284154979

9th Edition

Authors: Richard R. Abood, Kimberly A. Burns

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