Category Archives: Prison and jail searches

MT: Jail entry strip searches without RS of even traffic warrant arrestees were reasonable

Strip searches of inmates coming into the county jail without reasonable suspicion the detainee had contraband or weapons were valid under Florence and under the state constitution. “Plaintiffs have not demonstrated the strip searches at issue are not reasonably related … Continue reading

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M.D.Fla.: Civilly committed sexually violent predator was effectively in prison for his 4A claim against room search

“Spaulding is civilly committed to the Florida Civil Commitment Center (‘FCCC’) under the Sexual Violent Predators Act” and his Xbox and blu-ray player were seized because having them wasn’t appropriate for his custody level. His due process and Fourth Amendment … Continue reading

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CA5: Search for ptf’s ID was reasonable when she refused to ID self and was charged with obstruction

The search of plaintiff’s wallet for her ID was reasonable when she refused to identify herself when stalled on an interstate highway. A search of the car for her wallet and then the search of the wallet was thus reasonable … Continue reading

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CA7: Prison inmates have 4A reasonableness protection against abusive strip and body cavity searches

Prison inmates retain a Fourth Amendment reasonableness right against abusive strip and body cavity searches enough to state a claim here. Qualified immunity is reserved for later. Henry v. Hulett, 2020 U.S. App. LEXIS 25390 (7th Cir. Aug. 11, 2020) … Continue reading

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HPPR: Class Action Suit Over Recorded Calls At Leavenworth Prison Settles For $3.7 Million

HPPR: Class Action Suit Over Recorded Calls At Leavenworth Prison Settles For $3.7 Million by Dan Margolies:

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W.D.Mo.: No const’l distinction between jailer monitoring jail calls and turning them over to prosecutors

There is no constitutional distinction between a jailer listening to calls and then forwarding them to prosecutors for use as potential evidence. United States v. Nesbitt, 2020 U.S. Dist. LEXIS 131220 (W.D. Mo. July 24, 2020). Officer’s statement that a … Continue reading

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CA7: County jail’s body cavity searches of ptf were fact based on RS and reasonable

Plaintiff was subjected to two body cavity searches of her rectum and vagina for drugs she was reasonably believed to have smuggled into the jail through booking. It was invasive, but it was reasonable on balance with the jail’s security … Continue reading

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CA9: UA in prison is reasonable

“It is undisputed that urinalysis testing is a search under the Fourth Amendment and that drug testing in the prison context is generally constitutional unless it is conducted in an unreasonable manner. See Thompson v. Souza, 111 F.3d 694, 701 … Continue reading

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CA4: Opening jail legal mail away from inmate violated 1A, but separate 4A claim for that not clearly established

Opening pretrial detainee’s legal mail 15 times outside his presence was a First Amendment violation, even though he’d been suspected of receiving contraband about the witnesses against him both in legal and nonlegal mail. The First Amendment violation is injury … Continue reading

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TX13: Affidavit for SW shouldn’t have been admitted at trial, but it was harmless error as cumulative

The state conceded error that the affidavit for defendant’s blood search warrant should not have been admitted into evidence at trial. (Defendant objected to a paragraph of hearsay.) It was, however, harmless error and merely cumulative to what the officer … Continue reading

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ME: No REP in paperwork kept in prison

Plaintiff had no reasonable expectation of privacy in his prison paperwork under Hudson v. Palmer or state law. If legal mail were involved, plaintiff would have to show actual injury [n.5]. Anctil v. Cassese, 2020 ME 59, 2020 Me. LEXIS … Continue reading

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D.Minn.: Desire to file a Franks motion doesn’t expand discovery rights

“Generally, the fact that a defendant wishes to seek a Franks hearing ‘does not entitle him or her to additional discovery before the Franks hearing.’” The government stated it has provided discovery required by Rule 16. Defendant’s request for further … Continue reading

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MO: Search incident of a McDonald’s sack in a car for shoplifting a sweatshirt was unreasonable

Defendant was stopped in a shopping center parking lot for suspicion of shoplifting a sweatshirt. He consented to a frisk of his person and car, and nothing was found. Another officer arrived, and he was de facto arrested. A search … Continue reading

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W.D.N.C.: Prisoner’s § 1983 strip search case dismissed

Pro se prison inmate plaintiff fails to state claims for § 1983 relief including alleged arbitrary strip searches. With his disciplinary record, they aren’t arbitrary. He’s in a prison, after all. Wright v. United States, 2020 U.S. Dist. LEXIS 59884 … Continue reading

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CA7: QI for testing HIV sample for Hep C, too; no cause of action for violating prison policy

Plaintiff is a prisoner who bloodied a guard. He consented to a blood draw to be tested for HIV, but they also tested for Hep C. He sued over the latter. They get qualified immunity. There’s no clearly established law … Continue reading

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Law.com: NJ Supreme Court Affirms Prosecutors’ Right to Subpoena Inmate Phone Recordings

Law.com: NJ Supreme Court Affirms Prosecutors’ Right to Subpoena Inmate Phone Recordings by R. Robin McDonald (“The New Jersey Supreme Court on Wednesday affirmed that prosecutors can subpoena recordings of telephone conversations made by defendants held in county detention facilities. … Continue reading

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