Category Archives: Prison and jail searches

MA: Calls from juvenile detention have no REP

Phone calls in juvenile detention were properly recorded. Defendant was on notice of recording. Commonwealth v. Odgren, 483 Mass. 41 (Sept. 4, 2019). In an immigration case where the petitioner bears the burden of showing an egregious violation of the … Continue reading

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ND: Pole camera surveillance caught def frequenting a trailer park known for drug sales; he was stopped there with RS

Reasonable suspicion existed to detain defendant for coming into a trailer park known for its drug sales. Police had a pole camera set up recording comings and goings, and defendant had been there multiple times before. On the totality of … Continue reading

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NY2: Jail call to codefendant from Rikers was admissible

Defendant was in Rikers and called his codefendant. The calls were admissible and were not the product of an unreasonable search because he was warned of the recording. People v. Boyd, 2019 NY Slip Op 06219, 2019 N.Y. App. Div. … Continue reading

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S.D.N.Y.: Govt subpoena to photograph gang tattoos of incarcerated def not violation of 4A or 5A

The government seeks a subpoena to photograph defendant’s tattoos in an effort to corroborate gang membership. The motion to suppress is denied. “The Court is persuaded that the Government search contemplated by the description in the August 7 Letter is … Continue reading

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D.Kan.: USAO in Kansas in contempt for handling litigation over recording attorney-client jail calls

Not a Fourth Amendment case at this point of the litigation, but extremely interesting to everybody in the criminal justice system, including jailers, is United States v. Carter, 2019 U.S. Dist. LEXIS 137728 (D. Kan. Aug. 13, 2019), where there … Continue reading

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M.D.Fla.: When the automobile exception applies and def is in custody, a SW still isn’t required

There was probable cause by a plain view so the automobile exception applies. The fact defendant as in custody doesn’t require a search warrant. United States v. Lightsey, 2019 U.S. Dist. LEXIS 121669 (M.D. Fla. July 3, 2019). There was … Continue reading

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CA7 declines to reinstate a 4A jail strip search claim after 8A claim went to trial; SCOTUS needs to decide

Plaintiff female prisoners filed a Fourth Amendment and Eighth Amendment claim against a jail for what they alleged was an invasion of privacy by an unjustified group strip search. The district court granted summary judgment against them on the Fourth … Continue reading

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D.Md.: No REP in jail calls even though warning was in English and def didn’t speak English

There is no reasonable expectation of privacy in jail calls to nonlawyers. The government didn’t show that defendants could even understand the warning in English on the phone, but it doesn’t matter. United States v. Reyes-Canales, 2019 U.S. Dist. LEXIS … Continue reading

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TheAppeal.org: ‘Do Not Record’

TheAppeal.org: ‘Do Not Record’ by Elizabeth Weill-Greenberg: Phone calls between prisoners in Orange County and their lawyers were recorded and accessed. How wide the eavesdropping was remains an open question. . . .

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S.D.Ill.: No 4A claim for prison lockdown and shakedown for drugs

There is no Fourth Amendment claim available to an inmate at USP Marion for prison wide shakedowns for two days after drugs came in and the prison went into lockdown. Kammeyer v. True, 2019 U.S. Dist. LEXIS 107060 (S.D. Ill. … Continue reading

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NY1: Search incident of a “booster bag” at time of arrest outside a store was reasonable

Defendants were involved in store thefts with a “booster bag” where they were going into the stores and making off with stuff in bag and then transferring it to a rolling suitcase on the street. When the police observed a … Continue reading

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E.D.Cal.: There’s no REP in the cell or room of the state’s mental hospital

There is no reasonable expectation of privacy in the cell or room of person under civil commitment. It’s not a jail and there are limited constitutional protections inside. Leonard v. Coalinga State Hosp., 2019 U.S. Dist. LEXIS 88170 (E.D. Cal. … Continue reading

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