Category Archives: Prison and jail searches

E.D.Wis.: Def had no REP in sister’s bedroom

Defendant had no reasonable expectation of privacy to contest the search of his sister’s bedroom. United States v. Slater, 2021 U.S. Dist. LEXIS 180673 (E.D.Wis. Sept. 22, 2021). There was probable cause for search of defendant’s car, and the opportunity … Continue reading

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CA8: Unnecessary prolonged handcuffing of ptf overcame QI; if there was a reason for it, it had long passed

Plaintiff overcame qualified immunity here because he was unnecessarily left handcuffed without any objective reason for it. There was no reasonable suspicion. Haynes v. Minnehan, 2021 U.S. App. LEXIS 28550 (8th Cir. Sept. 21, 2021). In this prison search case, … Continue reading

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D.Conn.: No REP in parolee’s GPS monitor that placed him at scene of murder

The search warrant for defendant’s phone to attempt to link him to a murder of a witness was based on probable cause that he was seen in a car likely involved and his parole GPS monitor that put him there. … Continue reading

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CA3: Carpenter just doesn’t apply to jail call recordings

There is no reasonable expectation of privacy in jail calls admitted to prove a conspiracy, and Carpenter doesn’t apply. “While we need not decide how far Carpenter extends to other technologies, it does not apply to prison phone calls. Unlike … Continue reading

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S.D.N.Y.: Search of DOC employee’s papers for drug soaked paper on entering prison was reasonable

Search of a NYC DOC employee’s belongings for drug soaked paper after passing the metal detector at Riker’s Island was reasonable either under special needs or because there is no reasonable expectation of privacy and it’s not even a Fourth … Continue reading

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NE: No REP in cell in pretrial detention for evidence of witness tampering; also, SW obtained

The state got a search warrant for a pretrial detainee’s county jail cell for evidence of witness tampering. The search was not institutional security. The trial court suppressed, but the court of appeals reversed: there is no reasonable expectation of … Continue reading

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E.D.Cal.: No REP in a contraband cell phone in prison

Defendant had no reasonable expectation of privacy in a contraband cell phone found on him in prison. The contents of the phone were used in a drug distribution indictment. The government got a search warrant for the contents of the … Continue reading

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SD: Failure to put video of stop in record limits review of lack of consent claim

Failure to put the video of defendant’s stop in the record means the court can’t consider it on appeal, and it goes from the trial court’s findings. State v. Slepikas, 2021 SD 43, 2021 S.D. LEXIS 82 (July 21, 2021) … Continue reading

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E.D.Cal.: SW for single family dwelling valid even if there’s a renter living inside

A search warrant for what’s ostensibly a single family dwelling is sufficient to search the entire building, despite the fact that it turned out that there was a renter in one room. The good faith exception applies, too. United States … Continue reading

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D.Mass.: 14 day delay between seizure and search of cell phone reasonable

This 14 day delay between the seizure of his cell phones and the application of the warrant to seize them is reasonable. In addition, there is no Fourth Amendment right to have a search warrant issued sooner than it was, … Continue reading

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NY3: No REP in pretrial detainees’ jail calls

There was no reasonable expectation of privacy in jail telephone calls for pretrial detainees because the inmates were warned. “To the extent that defendant argues that the admission of the phone calls violated his rights because he was being held … Continue reading

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CA6: Protective sweep under a couch was reasonable

The government showed that a protective sweep under a couch was reasonably justified in looking for a person. United States v. Vanhook, 2021 U.S. App. LEXIS 17245 (6th Cir. June 10, 2021). The contents of recorded jail telephone calls coupled … Continue reading

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CA4: Trash out for collection at the curb is not on the curtilage

Trash out for collection at the curb is not on the curtilage. United States v. Holmes, 2021 U.S. App. LEXIS 16418 (4th Cir. June 2, 2021). The affidavit for a tracking warrant was misleading in one respect, but it wasn’t … Continue reading

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E.D.Mo.: Sexual assault allegation by school official states 4A claim

Allegation of a sexual assault by a school official states a Fourth Amendment claim. Hermann v. Kirkwood R-7 Sch. Dist., 2021 U.S. Dist. LEXIS 102574 (E.D. Mo. June 1, 2021). Officers with a search warrant for electronic devices could look … Continue reading

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CA6: Misdescription of alleged robber was close enough for RS for stop

There was reasonable suspicion for defendant’s stop. “But the touchstone of the Fourth Amendment is reasonableness, not perfection. See Heien v. North Carolina, 574 U.S. 54, 60-61, 135 S. Ct. 530, 190 L. Ed. 2d 475 (2014). The facts reported … Continue reading

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NY1: Pretrial detainee doesn’t have equal protection right not to have jail calls recorded

A pretrial detainee at Riker’s Island didn’t have an equal protection right or a reasonable expectation of privacy in his telephone calls from the jail. People v. Jennings, 2021 NY Slip Op 03262, 2021 N.Y. App. Div. LEXIS 3363 (1st … Continue reading

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OR: Lifting jail curtain to see def in jail bathroom was not violation of State Const. or 4A

Partially lifting a curtain in jail to observe defendant in the bathroom was not a violation of his reasonable expectation of privacy under the State Constitution nor the Fourth Amendment. State v. Taplin, 311 Or. App. 542, 2021 Ore. App. … Continue reading

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S.D.Ohio: Govt doesn’t overcome right of access to seek to seal SW materials

The defense moved for access to search warrant materials for a potential motion to suppress. The government moved to seal them. The government’s motion is denied. There is generally a right of access in search warrant materials by the defendant … Continue reading

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CA5: Claim stated for excessive force for allowing dog to bite subdued arrestee

Plaintiff stated a claim for a dog bite after he was subdued, and there would be no qualified immunity. Hinson v. Martin, 2021 U.S. App. LEXIS 12775 (5th Cir. Apr. 29, 2021).* There was arguable probable cause for plaintiff’s arrest … Continue reading

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E.D.Cal.: Ptf inmate’s unreasonable prison strip search case survives screening

Plaintiff, an inmate at Corcoran, stated enough to survive screening for his prison strip search case. Jacobs v. CDCR, 2021 U.S. Dist. LEXIS 66813 (E.D. Cal. Apr. 6, 2021):

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