Category Archives: Prison and jail searches

CA9: Recording pretrial detention inmates’ conversations for witness safety was reasonable

While defendants were in pretrial detention on a RICO indictment, the government apparently surreptitiously recorded conversations between them because there were legitimate witness safety concerns. The court finds no reasonable expectation of privacy in that situation. United States v. Ross, … Continue reading

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DE: Jail cell seizure of trial and A-C privileged materials requires disqualification of entire prosecution team; dismissal order reversed

Prosecutors ordered a prison cell search of a murder defendant’s cell, and legal materials and trial strategy materials were seized. It started with a search to see if a protective order was violated, but it ended up being quite broad. … Continue reading

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NYLJ: Queens Attorney Convicted in Scheme to Reduce Client’s Prison Sentence

NYLJ: Queens Attorney Convicted in Scheme to Reduce Client’s Prison Sentence by Dan M. Clark. A call was recorded between the defendant defense lawyer and the client calling on a smuggled cell phone from jail.

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S.D.N.Y.: A prison cell search doesn’t need justification

“‘[P]rison officials are presumed to do their best to evaluate and monitor objectively the security needs of the institution and the inmates in their custody, and then to determine whether and when such concerns necessitate a search of a prison … Continue reading

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NY2: Jail call here was more prejudicial than relevant and should have been excluded

Admission of defendant’s jail call here was more prejudicial than relevant because it omitted context. The jury was at a loss as to what arrest was being talked about. People v. Robinson, 2019 NY Slip Op 01799, 2019 N.Y. App. … Continue reading

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D.Ore.: Seizing house title records from house officers already had copies of wasn’t overbroad; it shows control

The search warrant was not overbroad because officers seized title records on the property that they already apparently had copies of. It shows control. United States v. Cramer, 2019 U.S. Dist. LEXIS 34959 (D. Ore. Mar. 5, 2019). There is … Continue reading

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NY: No REP or 4A right against recording of calls from prison

No Fourth Amendment right of defendant was violated by recording his prison calls and then admitting them into evidence. He was well on notice that they were recorded. People v. Diaz, 2019 NY Slip Op 01260, 2019 N.Y. LEXIS 266 … Continue reading

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OH7: Def’s one phone call from station house was on a recorded phone with a sign it was; no REP

Defendant was just arrested, and he was given his one phone call before going to jail. The call was recorded, and the sign on the wall said it was. He had no reasonable expectation of privacy in the call. State … Continue reading

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CA7: QI barred § 1983 over forced prison blood draw

Plaintiff is an inmate in prison who was ordered to give a blood test when prison officials decided he wasn’t acting right and might be high. His suit over the prison’s forced blood draw is barred by qualified immunity. Holm … Continue reading

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N.D.Ga.: Clothing as evidence in plain view can be seized whether from a suspect or victim

Defendant’s clothing was properly seized under the plain view doctrine whether he was a suspect or a victim. Defendant also didn’t have standing in the car involved because it wasn’t his. United States v. Hood, 2019 U.S. Dist. LEXIS 5357 … Continue reading

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E.D.Cal.: Camping in a nonapproved area of Yosemite National Park was a reasonable suspicion

Camping in a nonapproved area of Yosemite National Park after a warning not to was reasonable suspicion for a stop. United States v. Ontiveros, 2019 U.S. Dist. LEXIS 2791 (E.D. Cal. Jan. 8, 2019).* Defendant over time filed five motions … Continue reading

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Why they strip search in jail: WGNO: Police find gun concealed in buttocks of Lafourche Parish man

WGNO: Police find gun concealed in buttocks of Lafourche Parish man: GOLDEN MEADOW, LA – Deputies at the Lafourche Parish Jail found a gun concealed in the buttocks of a man arrested after police found a “zip gun” and homemade … Continue reading

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