Category Archives: Prison and jail searches

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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N.D.Ga.: When jail calls are a part of the PC for a SW affidavit, transcripts aren’t required

“Dubose raises a slew of arguments [not a good sign] in support of her contention that the affidavit fails to establish probable cause to search the iPhone; however, none of those arguments has merit.” There was an argument that a … Continue reading

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S.D.Ga.: No standing in a wiretapped contraband cell phone in prison

Defendant’s calls on a contraband cell phone in jail were wiretapped. He doesn’t even have standing because the phone was unlawful. “The cases concerning the precise question at issue—a prisoner’s ability to challenge the introduction of intercepted communications from his … Continue reading

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Cal.: Jailhouse writings could be seized with SW to prove def’s competence at trial

A search warrant was executed on defendant’s jail cell on the eve of trial and produced writings that refuted defendant’s claim of incompetence to understand the proceedings. They were admissible. People v. Buenrostro, 2018 Cal. LEXIS 9384 (Dec. 3, 2018).* … Continue reading

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